Venna Veera Reddy v. The District Cooperative Officer, Guntur (FAC), Guntur

O R D E R: The petitioner herein, who is the President of the Primary Agricultural Co-operative Society Limited, Nandirajupalem filed this writ petition seeking a declaration that the proceedings of the respondent dated 07-08-2008 ordering enquiry under Section 51 of the A.P. Co- operative Societies Act, 1964 (for short ‘the Act’) into the constitution, working and financial condition of the Society is arbitrary and illegal. The only contention raised by the petitioner is that since the proceeding are not based on the application of 1/3rd of the members of the committee or 1/5th of the total number of members of the society, it is impermissible to order the enquiry under Section 51 of the Act. I do not find any substance in the said contention since under Section 51 of the Act, the respondent is also competent to direct the enquiry suo moto. Though it is true that a representation was received alleging irregularities in the functioning of the Society from one P.Venkateswara Reddy-Director of the Society, a perusal of the impugned order shows that the enquiry was directed by the respondent on his own motion. Such order cannot be held to be erroneous on any ground whatsoever. Accordingly, the writ petition is dismissed. No costs. ______________ G. ROHINI,J Date: 27-08-2008 KL P