The Hon’ble Sri Justice C.V. Nagarjuna Reddy Writ Petition No.30203 of 2014 Dated: 22.12.2014 Between:
Kothapalli Jalaiah ..
Petitioner and The Govt. of A.P., Agriculture and Cooperation dept., Secretariat, Hyderabad and 10 others.
..
Respondents Counsel for the petitioner: Mr.M.Naga Raghu Counsel for respondent Nos.1 to 4: AGP for Co- operation Counsel for respondent No.8: Mr.N.Madhava Rao for Mr.M.Sudhir Kumar The court made the following:
Order:
This Writ Petition is filed for a Mandamus to set aside the proceeding in Rc.No.2073/2014 C, dated 29-09-2014, of respondent No.3 (learned Counsel for the petitioner states that a mistake occurred in the prayer as instead of respondent No.3, respondent No.2 was mentioned therein), whereby he has ordered institution of enquiry under Section 51 of the Andhra Pradesh Co-operative Societies Act, 1964. (for short ‘the Act’) against the Chirikurapadu Primary Agricultural Co-operative Society.
The main ground, on which the institution of enquiry under Section 51 of the Act is questioned, is that the impugned orders does not satisfy the ingredients of Section 51 of the Act.
Respondent No.3 filed a counter-affidavit wherein he has inter alia sought to justify the impugned proceeding on the ground that the Sub- Divisional Co-operative Officer, Kandukur, has submitted his report after preliminary enquiry into the allegations levelled against the petitioner.
Under Section 51 of the Act, the Registrar, may either
suo motu or shall on the application of a Society to which the Society concerned is affiliated, or of not less than one-third of the members of the Committee, or of not less than one-fifth of the total number of members of the Society, hold an inquiry or direct some person authorised by him by an order in this behalf to hold an inquiry into the constitution, working and financial condition of such society.
A perusal of the impugned order shows that a representation alleging commission of certain irregularities by the Managing Committee of the said Society was made by the Member of Legislative Assembly (MLA) representing Kondepi Constituency and five members of the Chirukurupadu PACS to the Hon’ble Minister of Co- operation, who, inturn, has forwarded the same to respondent No.3; that acting on the said representation, respondent No.3 has directed respondent No.4 to hold an inquiry and submit a report; and that on receipt of the report from respondent No.4, respondent No.3 is satisfied that a detailed inquiry under Section 51 of the Act is needed.
As rightly pleaded by the petitioner and submitted by Mr.Naga Raghu, learned Counsel for the petitioner, respondent No.3 has not initiated the proceedings suo motu as he has acted based on the complaint of an MLA and five members of the Society which was forwarded by the Hon’ble Minister of Co-operation.
The learned Assistant Government Pleader has candidly admitted that the five members of the Society, who gave the complaint neither constitute one-fifth of the total number of members of the Society nor satisfy the requirement of one-third of the members of the Committee of the Society. Therefore, the inquiry initiated under Section 51 of the Act, based on the complaint of an MLA and the members, who do not satisfy the requirement of Section 51 of the Act, and with the interference of the Hon’ble Minister for Co-operation cannot be sustained in law. Hence, the impugned proceeding in Rc.No.2073/2014 C, dated 29-09-2014, is quashed.
The Writ Petition is, accordingly, allowed.
As a sequel to disposal of the Writ Petition, interim order, dated 10-10-2014, is vacated and WVMP.No.3847 of 2014 in/& WPMP.No.37747 of 2014 are disposed of.
(C.V.Nagarjuna Reddy, J) Dt: 22nd December, 2014
LUR