The High Court has directed the Registrar of Cooperative Societies to place on record all official orders and agreements pertaining to the transfer of the management of the Goa State Cooperative Milk Producers’ Union Limited, popularly known as Goa Dairy, to the National Dairy Development Board (NDDB).

The petitioners, Anup Desai and others, have approached the High Court seeking directions to conduct the long-overdue elections to the cooperative union. They contended that the ongoing electoral process cannot be derailed or bypassed by handing over administrative control to an external body, arguing that the move contravenes cooperative governance norms, including Rule 42 of the applicable cooperative society rules.

In response, the State of Goa submitted that, on September 30, 2024, the general body of the Goa Milk Producers’ Union unanimously resolved to hand over its management and liabilities to the NDDB for two years, extendable by up to one year, in order to rescue the cooperative from severe financial deterioration. On August 6 this year, the Goa government granted formal approval and issued a “no-objection” order for the transfer of operations. Following the approval, the union’s administrator entered into a memorandum of understanding (MoU) with the NDDB on August 7.

During Wednesday’s hearing, the High Court raised questions regarding jurisdiction, observing that an existing general body resolution cannot simply be challenged orally in writ proceedings when statutory remedies are available.

The court observed that if the validity of the 2024 resolution is under challenge, the grievance must be properly brought before the Registrar of Cooperative Societies, where the evidence can be examined.

The petitioners submitted that they had formally challenged the resolution before the Registrar of Cooperative Societies on September 11.
Following the hearing, the High Court directed the Registrar to file an affidavit within two weeks, placing on record the government order dated August 6, the MoU dated August 7, and all related decisions. The petitioners may file their rejoinder within one week thereafter.

The matter has been listed for further hearing on October 7.