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IN THE HIGH COURT OF TELANGANA
T.MADHAVI DEVI
Primary Agricultural Cooperative Society – Appellant
Versus
State of Telangana – Respondent
ORDER:
T.Madhavi Devi, J.
In Writ Petition No.26692 of 2024, the petitioner society is challenging the proceedings of the respondent No.2 dated 09.09.2024 for conduct of inspection of the books of accounts of the petitioner society under Section 52 of the Telangana Cooperative Societies Act, 1964 (for short, ‘the Act’) as illegal, arbitrary and without jurisdiction and to set aside the same and to pass such other order or orders in the interest of justice.
2. The petitioners in W.P.Nos.27330, 27742, 27755 and 28153 of 2024 are all challenging the proceedings in Rc.Nos.2247/2024-C, 2252/2024-C, 2251/2024-C and 2247/2024-C, dated 25.09.2024 respectively issued by respondent No.3 purportedly exercising the powers under Section 21AA (1)(b) of the Act as illegal and arbitrary and consequently to set aside the same and pass such other order or orders.
W.P.No.26692 of 2024
3. Brief facts leading to the filing of the present writ petition are that the petitioner in W.P.No.26692 of 2024 is the Primary Agricultural Cooperative Society set up in Pegadapalli Village of Jagtial District. It is submitted that the respondent No.2 vide proceedings dated 09.09.2024 has ordered an inspection under Sectio
An inspection order under the Telangana Cooperative Societies Act must be founded on justifiable grounds within the order itself, not influenced by external parties.
Duty of the officers and chief executive of a society and the nature of offences and penalties mentioned in [sub-section (4A)] shall be applicable to this sub-section also.
compliance of Rule 66(2) of the Rules is required only for an inspection in terms of sub-section (2) of Section 66 of the Act.
Court held that the enquiry into cooperative society affairs was invalid due to improper delegation of authority, requiring fresh proceedings per the law.
Inquiries under Sections 51 and 52 of the Andhra Pradesh Cooperative Societies Act are distinct and can be conducted independently without nullifying previous inquiries.
The court emphasized the necessity of a fair hearing in legal proceedings, ruling that the dismissal of the writ petition was flawed due to the lack of opportunity to contest jurisdictional issues.
Right to challenge inspection findings arises only post-show cause notice under Section 68(2) of the Kerala Co-operative Societies Act, ensuring fairness in proceedings.
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