ORDER :

1. This writ petition came to be filed seeking to issue a Writ of Certiorari calling for the records pertaining to impugned proceedings vide Rc.No.554/22/YB/C dated 31.05.2022 issued by respondent No.4 as illegal, arbitrary, contrary to the provisions of the Telangana Cooperative Societies Act, 1964 (for short “the Act”) and also violative of Articles 14 and 21 of the Constitution of India and violative of principles of natural justice and consequently prayed to set aside the impugned proceedings.

2. The brief facts necessary for the disposal of the case are stated as under:-

The case of the petitioner is that he was elected as President of the Primary Agricultural Cooperative Society, Chandupatla Village, Bhuvangiri Mandal, Yadadri Bhuvanagiri District i.e., respondent No.2 herein, and he is discharging duties strictly in conformity with the provisions of the Act and the Telangana Cooperative Societies Rules, 1964 (for short “the Rules”). The District Cooperative Officer, Yadadri Bhuvanagri District, respondent No.4 herein, has issued a show cause notice vide Rc.No.554/22/YB/C dated 16.05.2022 basing on the complaint of Vice-President and majority of the managing committee members of the society alleging that after verification of the records found that the petitioner incurred lakhs of rupees without approval/resolution of the managing committee of the society and called upon the petitioner to show cause as to why action should not be taken under Section 21AA(1)(b) of the Act disqualifying him as per the Byelaws of the society. It is the further case of the petitioner that after receipt of the said show cause notice, he has submitted an explanation on the file of respondent No.4 dated 30.05.2022 inter alia stating that he has not misused any funds of the society nor acquired any property of the society for his personal gains and that the said show cause notice was issued to the petitioner without conducting any enquiry and there is no evidence on record to prove that the petitioner has misused the property of the society for his personal gains and thus denied all the allegations of the show cause notice.

3. It is the contention of the petitioner that without conducting any enquiry under Section 51 of the Act followed by surcharge proceedings under Section 60 of the Act giving an opportunity to the petitioner, and violating the procedure prescribed under the provisions of the Act, respondent No.4 has issued the impugned proceedings dated 31.05.2022 under Section 21AA(1)(b) of the Act declaring that he shall cease to hold office of respondent No.2/society with effect from 31.05.2022, for the residue of his term of office, and further held that he shall also be ineligible for being chosen as or for being a member of the committee through election or cooption for the subsequent two terms.

4. It is the further contention of the petitioner that since the respondents have failed to adhere to the procedure prescribed under the provisions of the Act and the Rules, the said action on their part amounts to gross violation of principles of natural justice, the petitioner cannot be relegated to an alternative forum for filing of an appeal, as the said appeal is not an efficacious alternative remedy and the present writ petition filed challenging the said order would be maintainable.

5. It is also the contention of the petitioner that in the show cause notice, there is no reference to the enquiry report and in the absence of conducting any enquiry, issuance of show cause notice by respondent No.4 amounts to violation of principles of natural justice, for non-supply of copy of the enquiry report vitiating entire proceedings. It is his further contention that as per Section 56 of the Act, an enquiry under Section 51 of the Act has to be conducted or inspection has to be made under Section 52 of the Act, the Registrar has to give an opportunity to parties for making a representation. Since there was no enquiry conducted under Section 5