Bombay High Court
Pearl Marie Mascarenhas And Anr vs State Of Goa, Thr. Its Chief Secretary ... on 6 May, 2025
2025:BHC-GOA:855 905-WP-193-25.DOC
2025:BHC-GOA:855
Suchitra
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.193/2025
PEARL MARIE
MASCARENHAS AND ANR ... PETITIONER
Versus
STATE OF GOA, THR. ITS
CHIEF SECRETARY AND 3 ... RESPONDENTS
ORS.
Mr Shivraj Gaonkar with Mr P. Sirvoicar, Advocates for the
Petitioner.
Ms S. Mordekar, AGA for Respondents No.1 to 3.
Mr Jonathan George, Advocate for Respondent No.4.
CORAM: VALMIKI MENEZES, J.
DATED: 6th MAY 2025
ORAL JUDGMENT :
1. Heard learned counsel for the parties.
2. Rule. he rule is made returnable forthwith at the request
and with the consent of the parties.
3. he challenge in this petition is to an order dated
23.04.2025 of the Assistant Registrar of Co-operative Societies
6th May 2025
905-WP-193-25.DOC
exercising powers under Section 67A of the Goa Cooperative
Societies Act (the Act). By this order the Registrar has appointed
respondent no.4 as an administrator of the society. he society is
a tenant co-partnership society of which shares are allotted to its
members. he cause for appointing an administrator was an
earlier order by which the Board of Directors of the society stood
disqualiied. In order to appoint an administrator, to administer
the daily afairs of the society until fresh elections are called for,
appointment letter is issued.
4. In terms of the powers vested in the Registrar under Section
67A, a notice dated 09.12.2024 was issued calling upon the
members of the society to volunteer their names for appointment
of administrator of the society, until fresh elections are called for.
Amongst the persons who volunteered to act as administrator,
various members communicated their willingness through three
letters, the irst dated 07.04.2025 and the other two dated
08.04.2025. In addition, respondent no.4 also put in his
willingness to act as an administrator by his letter dated
25.03.2025. It is an admitted position that the respondent no.4
owns a lat in the society and has applied for membership,
however, no resolution is yet passed granting him membership or
allotting shares to him in the society. It is not in dispute that the
other names/members who have volunteered to be on the panel
of administrators are members of the society.
5. he Registrar normally appoints a panel of administrators
comprising of three members of the society or any three persons
who, in terms of Section 67A would be competent to administer
6th May 2025
905-WP-193-25.DOC
the afairs of the society until elections are held. In the present
case, the Registrar has chosen to appoint respondent no.4 over all
other volunteering members, as a sole administrator without
assigning any reasons whatsoever in the impugned order for
choosing a non-member over members. his does not mean that
Section 67A does not permit such a course of appointing a non-
member.
6. However, given the circumstances that there were at least
four members who had volunteered to act as administrators, who
obviously would be more familiar with the running of the society,
the Registrar has chosen, without assigning any reasons, to
appoint a sole administrator from the non-members which is
against the norm followed to appoint administrator. he order
was totally arbitrary, passed without application of mind and in
complete non-consideration of the applications made before the
Registrar whilst appointing respondent no.4.
7. In that view of the matter, the impugned order is quashed
and set aside. he Registrar shall consider all the names of the
volunteers placed before him under the letters referred to in the
impugned order as also the objections dated 15.04.2025 iled by
the petitioners and pass a fresh order after applying his mind to
all the aforementioned facts. he order shall be passed within two
weeks from today. he Registrar may also apply his mind as to
the time frames within which the election process for a new
committee for the society should take place since the society has
more than two hundred apartments/and likely as many members.
6th May 2025
905-WP-193-25.DOC
8. Rule is made absolute in the above terms. No costs.
9. Parties to act on the authenticated copy of this order.
VALMIKI MENEZES, J.
6th May 2025
