M.Pratap Rao v. Dist

This writ petition is filed seeking a Writ of Mandamus declaring the surcharge proceedings, dated 30-08-2004 initiated under Section 60 (1) of The A.P. Co-operative Societies Act, 1964 (for short, ‘the Act’) as arbitrary and illegal. The petitioner states that he is the founder president of 5th respondent – Primary Agricultural Co-operative Society Limited, Rapally, Adialabad district. He was elected on 31-07-1995 as President of the society and continued in the office upto 29-07-2000. Thereafter, he was continued as Official Person-in-Charge Chairman upto December, 2003. Now, this writ petition is filed being aggrieved by notice dated 30-08-2004 issued by the 3rd respondent – Deputy Registrar of Co-operative Societies, Mancherial, Adilabad district under Section 60(1) of the Act calling upon the petitioner to show-cause as to why he should not be made responsible to restore the amounts as specified thereunder together with interest.

The learned Counsel for the petitioner contends that even as per the report of enquiry under Section 51 of the Act, there is absolutely no material to hold that the petitioner is responsible for the alleged misappropriation of funds and therefore the impugned proceedings initiated under Section 60 of the A.P. Co-operative Societies Act, 1964 are ex facie illegal and unjust. It is also pointed out by the learned Counsel for the petitioner that in view of the specific finding in the report that the Secretary has misappropriated the funds of the Society, at the most the proceedings ought to have been initiated against the Secretary alone and since none of the ingredients of Section 60(1) of the Act are present, impugned proceedings against the petitioner are misconceived and cannot be maintained. As can be seen, the impugned order is only a show-cause notice issued in terms of the provisions under Section 60(1) of the Act calling upon the petitioner to make his representation in writing in his defence.