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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
S K Sazid S/o S.K. Sai Baba – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER:
NYAPATHY VIJAY, J.
1. The present Writ Petition is filed questioning the action of Respondent No.2 in ordering enquiry under Section 51 of the Andhra Pradesh Co-operative Societies Act, 1964 (for short “the A.P.C.S. Act, 1964”) into the affairs of Respondent No.5-Society and appointing Respondent No.4 as an Enquiry Officer vide Proceedings in Rc.No.444/2022/DCO-E, dated 13.08.2024, as illegal and arbitrary.
2. The facts, in brief, are as follows;
The Petitioners have been working in A.P. Paper Mills, Rajamahendravaram and they are also members of Respondent No.5-Society. Respondent No.5-Society was established in the year 1968 and it is an un-aided society with about 700 members. It is stated that the aim and object of the society is to advance loans to the members, which will be reimbursed by the management of the A.P. Paper Mills after deducting the monthly instalments from the salaries of the members.
3. It is stated that the elections were conducted to Respondent No.5-Society in the year 2016 and one P. Rama Krishna, K.L.L. Raju and Petitioner No.3 were elected as President, Secretary and Vice-President respectively and they served as such for 2 1⁄2 years and thereafter Petit
The main legal point established in the judgment is that the enquiry under Section 68(1) of the Kerala Cooperative Societies Act can only be against individuals and not a committee, in line with the ....
Procedure for conduct of inquiry and inspection - A person can be proceeded against and vested with liability only if an objective assessment of evidence and materials available on record leads to ir....
Due process under the Kerala Co-operative Societies Act requires notice and hearing prior to appointing a new Enquiry Officer after an adverse report.
The court established that the Registrar of Co-operative Societies has the authority to initiate inquiries based on complaints from non-members if they are legal heirs of deceased members, reinforcin....
Inquiries under Sections 51 and 52 of the Andhra Pradesh Cooperative Societies Act are distinct and can be conducted independently without nullifying previous inquiries.
Prior sanction from the Registrar is mandatory for prosecution under the A.P. Co-operative Societies Act, and failure to obtain it invalidates the proceedings.
Criminal proceedings under the A.P. Co-operative Societies Act require prior sanction from the Registrar; failure to obtain such sanction invalidates the prosecution.
The court ruled that preliminary enquiries under the Rajasthan Co-operative Societies Act are administrative and do not constitute final decisions, allowing for interim orders to be vacated.
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