IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SEVENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No : 18632 of 2008 Between: Venna Veera Reddy S/o. Venna Peda Venkata Reddy Society) Nandirajupalem, R/o. Nandirajupalem, Bellamkonda Mandal, Guntur District. ..... PETITIONER AND The District Cooperative Officer, Guntur (FAC), Guntur District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of the respondent issuing impugned order by his proceedings Rc.No.3126/2008-C7, dt. 7-8-2008 for enquiry against the petitioner u/s 51 of the A.P.C.S. Act (Andhra Pradesh Cooperative Societies Act, 1964) is arbitrary, illegal and consequently quash the same as it is against the said Act. Counsel for the Petitioner: MR.SHAIKKARIMULLA Counsel for the Respondent No.: GP FOR COOPERATION The Court made the following : THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No. 18632 of 2008 O R D E R: The petitioner herein, who is the President of the Primary Agricultural Co-operative Society Limited, Nandirajupalem ﬁled this writ petition seeking a declaration that the proceedings of the respondent dated 07-08-2008 ordering enquiry under Section 51 of the A.P. Co- operative Societies Act, 1964 (for short ‘the Act’) into the constitution, working and ﬁnancial condition of the Society is arbitrary and illegal. The only contention raised by the petitioner is that since the proceeding are not based on the application of 1/3rd of the members of the committee or 1/5th of the total number of members of the society, it is impermissible to order the enquiry under Section 51 of the Act. I do not ﬁnd any substance in the said contention since under Section 51 of the Act, the respondent is also competent to direct the enquiry suo moto. Though it is true that a representation was received alleging irregularities in the functioning of the Society from one P.Venkateswara Reddy-Director of the Society, a perusal of the impugned order shows that the enquiry was directed by the respondent on his own motion. Such order cannot be held to be erroneous on any ground whatsoever. Accordingly, the writ petition is dismissed. No costs. ______________ G. ROHINI,J Date: 27-08-2008 KLP