VidhiSangh

Supreme Court of India · 04/01/2023

DEEPAK ANANDA PATIL versus THE STATE OF MAHARASHTRA & ORS

[2023] 5 S.C.R. 717 · 2023 INSC 11

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Summary

On complaints under Section 11 of the Maharashtra Co-operative Societies Act, the Regional Joint Director (Sugar) removed 1,415 members of a Kolhapur sugar co-operative as ineligible under its bye-laws. He acted on one omnibus show-cause notice sent to the society, under a High Court deadline. The minister's appeal and the High Court writ petitions failed. The Supreme Court set aside all three orders. A committee report containing findings on each member's eligibility had been relied on but never disclosed. Following T. Takano and B. Karunakar, a quasi-judicial authority must disclose relevant material it relies on, and the non-disclosure clearly prejudiced the members. Ouster from membership demands individual consideration, which never happened. The matter was remitted with directions to disclose the report and complaints, take replies and decide afresh after a hearing.

Issues

  1. Whether an order under Section 11 of the Maharashtra Co-operative Societies Act, 1960 removing about 1,415 members as ineligible, passed on an omnibus notice without disclosing the committee report relied upon or considering individual eligibility, violated natural justice.

Provisions considered

Held

Result

Civil Appeal Nos. 88-89 of 2023 allowed; the Bombay High Court judgment dated 22.09.2022 in W.P. Nos. 4647 and 4609 of 2021, the Regional Joint Director's order dated 14.02.2020 and the appellate order dated 18.02.2021 set aside and the proceedings restored for fresh decision; the connected special leave petitions restored and disposed of in those terms.

Judgment PDF: Supreme Court of India, [2023] 5 S.C.R. 717.