FISHERMEN MARKETING COOPERATIVE SOCIETY MOOSI PROJECT KETHEPALLI MANDAL Vs. COMMISSIONER OF FISHERIES

JUDGEMENT

(1.) The petitioner-society represented by its president questions proceedings of the 1st respondent/Commissioner of fisheries initiating enquiry under Section 51 of the A.P. Cooperative Societies Act (in short, the Act) against the affairs of the society on two grounds viz., (1) that the requirements under Section 51 of the Act are not existing for ordering enquiry thereunder; and (2) that since the 2nd respondent-Deputy Director of Fisheries is also notified as Registrar in respect of fishermen cooperative society, the Commissioner may not exercise the powers of Registrar under Section 51 of the Act.

(2.) By G.O.Ms.No.1968, F&A, dated 14.06.1966, the Governor of Andhra Pradesh designated the Deputy Director of Fisheries dealing with the administration of Fishermen Co-operative Societies as Deputy Director of Fisheries and Ex-officio Joint Registrar of Cooperative Societies. The said G.O whereby the Deputy Director was designated as Ex-officio Joint Registrar of Cooperative Societies did not withdraw designation of the Commissioner as Ex-officio Registrar of the Cooperative Societies. Simply because there is a joint registrar notified, the powers of the 1st respondent Commissioner as Registrar are not taken away. The 1st respondent-Commissioner in his capacity as Registrar of Cooperative Societies, passed the impugned proceedings initiating enquiry under Section 51 of the Act. The Commissioner is well within his powers as Registrar of Cooperative Societies, to pass the impugned proceedings.

(3.) It is contended by the petitioner's counsel that an enquiry under Section 51 of the Act can be initiated either (1) of his motion or (2) on the application of the Society to which the society concerned is affiliated or of not less than one-third of the members of the committee or of not less than one-fifth of total number of members of the society. The impugned proceedings of the 1st respondent read that Ex-chairman of the Society and other members of the Society in their representation dated 28.11.2011 made certain allegations against managing committee of the society on the following items: