IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 14251 of 2008 Between: 1.Machani Raghunath S/o. Machani Sivanna R/o. H.No. 1-1402, Weavers Colony, Yemmiganore Kurnool District. 2.Machani Usha Raghunath @ M. Usha W/o. Machani Raghunath R/o. H.No. 1-1402, Weavers Colony, Yemmiganore Kurnool District. ..... PETITIONERS AND 1.The Assistant Director, (Handloom & Textiles) Kurnool. 2.Development Officer, Handloom & Textiles Yemmiganore Weavers Cooperative Society, Yemmiganore, Kurnool District. 3.The Principal Secretary, Handloom & Textiles Government of A.P. , Secretariat, Hyderabad. .....RESPONDENTS 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 declare the proceedings of the 1st Respondent as illegal and arbitrary and set aside the proceedings of the 1st Respondent as illegal and arbitrary and set aside the Proceedings in Rc No. 611/2007-B dt. 23-5-2008 issued against the 1st Petitioner and Rc No. 611/2007-B dt. 23-5-2008 issued against the 1st petitioner and Rc No. 611/2007-B dt. 23-5-2008 issued against the 2nd petitioner for removing their memberships in the Yemmiganore Weavers' Cooperative Society which are illegal, by issuing appropriate writ order by quashing the proceedings of the 1st Respondent or direction more particularly one in the nature of writ of Certiorari. Counsel for the Petitioner: MR.J.NARAYANA SWAMY Counsel for the Respondents: GP FOR COOPERATION The Court made the following ORDER: THE HON’BLE MS JUSTICE G.ROHINI Writ Petition No.14251 of 2008 ORDER: This writ petition is filed questioning the proceedings of the first respondent-Assistant Director, (Handloom & Textiles), Kurnool, dated 23.05.208, under which, in exercise of powers under Section 21(3) read with Rule 20 of the A.P.Cooperative Societies Act, 1964, the petitioners herein were removed from the membership of the Yemmiganore Weavers Cooperative Society. Though it is not in dispute that a show-cause notice was issued to the petitioners on 14.02.2008, and the petitioners submitted their explanation 07.03.2008, it is contended by the petitioners that the first respondent failed to consider the explanation offered by them and passed the impugned order without making any enquiry as contemplated under Rule 20 of the statutory Rules. As per Rule 20 of the A.P.Cooperative Societies Rules, 1964, before passing an order of removal, the Registrar is bound to give the person aggrieved an opportunity to state his objection for the proposed action and if the person wishes to be heard, he shall also be given an opportunity of being heard. A perusal of the impugned proceedings shows that no such enquiry was conducted by the first respondent and moreover absolutely no reasons were assigned in support of the conclusion that the petitioners are liable to be removed from the membership of the Yemmiganore Weavers Cooperative Society. In the circumstances, the impugned order being in violation of the principles of natural justice, is liable to be set aside on that ground alone. The impugned proceedings are accordingly set aside and the writ petition is disposed of leaving it open to the first respondent to consider the explanation offered by the petitioners and make necessary enquiry and pass appropriate orders in accordance with law. No costs. _______________ 04.07.2008 VGB