AWARI DEVANNA Vs. DIVISIONAL CO OPERATIVE OFFICER

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned Government Pleader for Co-operation.

(2.) This writ petition arises under Andhra Pradesh Co-operative Societies Act, 1964 (hereinafter referred to as 'the Act'). The order dated 10-1-1994, passed by the respondent, i.e., the Divisional co-operative, Officer, Nizamabad, is impugned, as by the said order, the elected Managing Committee is held to have ceased to-be in office for the violation of the Statutory provision contained under sub-section(1) of Section 32 of the Act. In fact, the impugned order is passed not only under Section 32(1)(1A), but also under Section 21AA(4) of the Act. The committee was elected in the year 1992 for a period of three years and that will expire only in the year 1995. Several grounds are stated in support of the impugned order, namely. "(1) That the President has misutilised the funds of the society to the tune of rupees one lakh for his personal gain by drawing amounts as and when required by him under suspense account and adjusting the said amount on instalment basis conveniently and leisurely causing unnecessary loss to the society towards interest. (2) That Sri K. Ashok, a clerk of the said society has drawn an amount of Rs. 20,000.00in his name and paid the same to the President as requested by him and that an amount of Rs. 12,800.00 has been remitted leaving a balance of Rs. 7200.00 yet to be remitted. Besides this, Sri Ashok, clerk found to be responsible for shortages valuing Rs. 12,859-00 in the ESCOM business. Thus, he has to make good a total sum of Rs. 20,059-60 ps. of this he has remitted an amount of Rs. 2,000.00leaving a balance of Rs. 18,050-00. In his deposition dated 7-12-1993 before the CSR(C), he has pleaded that he would remit Rs. 1500 / - every month till the entire amount is repaid. (3) That Sri Limbagiri Swamy, a salesman of the society found to be responsible for shortages in ESCOM business valuing Rs. 10,961-00. (4) That the President has incurred an expenditure of Rs. 10,000.00 towards opening of cash counter at Uppalur village and Rs. 5,000.00 towards colouring of the society building without the approval of the managing committee and without the pre-permission of the Registrar of Co-operative Societies. (5) That the President failed in his duty to call the meetings of the committee. He has not convened any M.C. meeting during last five months which is in contravention of Section 32(3) of the Act." 2A. The four references made in the impugned order do not disclose issuance of any notice either to the President or to any members of the Managing Committee.

(3.) Mr. Durga Reddy, learned Government Pleader appearing for the respondent, strenuously contends that neither the statute nor the rules framed contemplate issuance of any notice before the impugned order is passed and as such, there was no obligation cast on the respondent to issue any notice.