(1.) This writ petition has been filed seeking judicial review of the order passed by the Registrar, Co-operative Societies, H.P., on 02.06.2007 in surcharge proceedings initiated against the petitioners under Sec. 69 of the H.P. Co-operative Societies Act, 1968 (for short the "Act").
(2.) The case has a chequered history. The "Daulatpur Agriculture Co-operative Society" was incorporated during pre-independence and registered on 09.08.1946. The father of petitioner No.1 was one of the founder members of the society and worked as its Secretary with effect from 1946 uptill his death in 1981. Thereafter, the petitioner was appointed as a Secretary on 09.01.1981.
(3.) During the course of the audit of the society for the years 1994-95, 1995-96 and 1996-97, there were allegations that petitioner No.1 by abusing his position as Secretary had committed irregularities as he had purchased the land of the society in an illegal manner and had also caused losses by misutilization of the funds of the society and surcharge proceedings were initiated against the petitioners. It would be noticed that petitioner No.1 as a Secretary of respondent No.4 had purchased 18 marlas of land belonging to the society which according to the society was done in an illegal and clandestine manner and had thereby violated the provisions of Rule 57 of the Himachal Pradesh Co-operative Societies Rules, 1971 (for short the "Rules") which read thus:-