Bombay High Court
KASHINATH SHIVRAM NAIKversusSTATE OF GOA THR. CHIEF SECRETARY AND 2 ORS.
- Disposal
- Rule made absolute
Holding
The suspension order dated 29‑04‑2025 is quashed and set aside as it was based on an ultra vires direction of the Registrar.
Summary
The petitioner, Kashinath Shivram Naik, Managing Director of the Goa State Co‑Operative Marketing & Supply Federation, challenged a suspension order dated 29‑04‑2025 issued by a panel of Administrators appointed by the Registrar of Co‑operative Societies, as well as an earlier suspension order dated 25‑04‑2025 by the Registrar itself. The Registrar later withdrew the 25‑04‑2025 order, rendering that part of the petition infructuous. The Court examined whether the Registrar had authority under the Goa Co‑operative Societies Act, 2001, to direct the suspension and found that such power was absent. Consequently, the Court held that the 29‑04‑2025 suspension order, which was based solely on the withdrawn Registrar’s direction, was ultra vires and was quashed. The petition was disposed, and the Court clarified that the newly elected Board of Directors may take fresh action in accordance with the Act and the Society’s bylaws.
Issues considered
- Did the Registrar of Co‑operative Societies have statutory power to direct the suspension of the Managing Director under the Goa Co‑operative Societies Act, 2001?
- Is the suspension order dated 29‑04‑2025 issued by the panel of Administrators valid in view of the withdrawal of the Registrar’s earlier direction?
- What relief, if any, should be granted to the petitioner concerning the suspension?
Legislation cited
Subjects
- suspension
- managing director
- co‑operative societies
- registrar powers
- ultra vires
- board of directors
- charge‑sheet
- Goa Co‑operative Societies Act
Judgment
1-WP-299-2026-JT.DOC
2026:BHC-GOA:1957-DB
Suchitra
IN THE HIGH COURT OF BOMBAY AT GOA
WRIT PETITION NO.299/2026
SHRI KASHINATH SHIVRAM NAIK
Aged 49 years,
r/o House No. 1015, Khadap Wada,
Kumbharjua Goa. … PETITIONER
Versus
1. STATE OF GOA,
hrough Chief Secretary,
Secretariat, Porvorim,
Bardez, Goa
2. REGISTRAR OF COOPERATIVE
SOCIETIES, Government of Goa
through its Registrar,
Oice of the Registrar of Co-operative
Societies, Patto, Panaji, Goa.
3. THE GOA STATE CO-OPERATIVE
MARKETING & SUPPLY FEDERATION
LTD, hrough its Chairman,
Committee of Administrators, … RESPONDENTS
Panaji, Goa.
Mr S. D. Lotlikar, Senior Advocate with Mr Terence Sequeira,
Advocate for the Petitioner.
Mr Neehal Vernekar, Addl Govt Advocate for the State.
Mr S. D. Padiyar, Senior Advocate with Mr Prayash Shirodkar and
Ms Neha Bhobe, Advocates for Respondent No.3.
CORAM: VALMIKI MENEZES &
AMIT S. JAMSANDEKAR, JJ.
DATED: 1st OCTOBER 2026
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1-WP-299-2026-JT.DOC
ORAL JUDGMENT : (Per Valmiki Menezes, J.)
1. Heard Mr S. D. Lotlikar, learned Senior Advocate for the
Petitioner, Mr Neehal Vernekar, learned Additional Government
Advocate for the State and Mr S. D. Padiyar, learned Senior
Advocate for Respondent No.3.
2. Rule. Rule is made returnable forthwith at the request of
and with the consent of the learned counsel for the parties.
3. he challenge in this Petition is to an Order dated
29.04.2025 passed by the Board of Directors of Respondent No.3
– he Goa State Co-Operative Marketing and Supply Federation;
the Petition also throws a challenge to an Order dated 25.04.2025
passed by the Registrar of Co-operative Societies directing the
Board of Directors to suspend the Petitioner, who is the
Managing Director appointed by the Board of the Respondent
No.3.
4. After hearing this Petition at length, on instructions, Mr
Vernekar, learned Additional Government Advocate submits that
the Registrar of Co-operative Societies – Respondent No.2 would
be issuing a notice of withdrawal of the Order dated 25.04.2025.
Considering this statement made today, we proceed on the basis
that the challenge to the Order of the Registrar dated 25.04.2025
has now worked itself out and is rendered infructuous.
5. We therefore proceed to examine whether the order of
suspension dated 29.04.2025 issued by the Committee of
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Administrators of Respondent No.3 requires to be set aside, on
the submission pressed forth by the Petitioner that the decision of
the Board is entirely based upon the directions of the Registrar
contained in the order dated 25.04.2025, which now stands
withdrawn.
6. During the course of the hearing of this matter, Mr Padiyar,
learned Senior Advocate for Respondent No.3 has placed on
record the Resolution/Minutes of the Committee of
Administrators which is dated 29.04.2025, in which the decision
was taken. We take note of the fact that the decision has been
taken, not by the Directors of the Board of the Co-operative
Societies, but by a panel of Administrators appointed by the
Registrar of Co-operative Societies, in supersession of the Board.
We also take note of the fact that in the meantime, during the
pendency of this Petition, the elections to a new Board of Co-
operative Societies was held, and the new Board of Directors, 7 in
number, have been elected on 04.09.2026 and taken charge on
12.09.2026. We therefore expect that during the period of
suspension of the Managing Director i.e. the Petitioner herein,
from 29.04.2026 till date, all books and other documents of the
Society ought to be in the possession of the newly elected Board
of Directors. Mr Padiyar has also placed on record a copy of the
charge-sheet dated 08.06.2026 issued to the Petitioner. Strangely,
Registrar of Cooperative Societies had issued an order dated
14.01.2026 appointing one Mrs Shama J. Arondekar, Registrar of
Cooperative Societies (Tech) & DLI-North as Inquiry Oicer to
conduct an inquiry into the allegations of fraud in the
Respondent No.3. here is however no order appointing any
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Inquiry Oicer for conducting an inquiry into the charge-sheet
now issued on 08.06.2026.
7. We have perused the minutes of the meeting held by the
panel of Administrators on 29.04.2025, what is evident from the
minutes is that there is no discussion or decision recorded by the
Administrators based upon the material which now forms the
material for levelling charges against the Petitioner; the decision
appears to be solely based upon the directions of the Registrar of
Co-operative Societies, directing the panel of Administrators to
suspend the Petitioner. In fact, if one peruses the communication
of the Registrar of Co-operative Societies which is dated
25.04.2025, addressed to the panel of Administrators, it is the
Registrar who claims to have perused the material which
constitutes the basis for the direction to suspend the Petitioner.
he communication is clearly beyond the powers vested in the
Registrar to issue such a direction, as no such power is vested in
him under any provision of the Goa Co-operative Societies Act,
2001. Advisedly therefore, the Registrar has now withdrawn the
communication dated 25.04.2025 directing the Petitioner’s
suspension. Consequently therefore, we are of the opinion that
the decision of the panel of Administrators dated 29.04.2025,
issuing the impugned suspension order, was purely on the basis of
the directions issued by the Registrar, which have now been
withdrawn. We therefore quash and set aside the decision of the
panel of Administrators dated 29.04.2025. All consequences of
setting aside the impugned order of suspension would obviously
follow.
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8. Rule is made absolute in terms of prayer clauses (a) and (b)
to the Petition.
9. We however make it clear that since there is now an elected
Board of Directors in place, passing of this Judgment shall not
preclude the Board of Directors from taking any further
decisions, based upon the by-laws and provisions of the Co-
operative Societies Act and Rules framed thereunder. his would
include, if the Board decides, after considering the material in the
charge-sheet, to take a resolution to suspend the Petitioner.
10. he Petition is disposed of in the above terms.
AMIT S. JAMSANDEKAR, J. VALMIKI MENEZES, J.
Signed by: SUCHITRA NANDAN Page 5 of 5
SINGBAL 1st October 2026
Designation: Personal Assistant
Date: 01/10/2026 17:53:43
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