D Krishnakumar, J. - (1.) This writ petition has been filed seeking to quash the proceedings issued in Na.Ka. No. 2553/2014 Thu.Va.Tha.1 dated 27.11.2015.
(2.) Brief facts of the case is as follows :- The petitioners were elected as Board of Directors, in the election held on 30.04.2013, of Poovalai Primary Agricultural Co-operative Credit Society, Chidambaram Taluk and the petitioners assumed office on 15.05.2013. One M. Vijayakumar was elected as the President of the Society. The respondent herein, issued a show cause notice in Na.Ka. No. 2553/2014.Thu.Va.tha.1 dated 14.05.2014, under Section 88 of the Tamilnadu Co-operative Societies Act, stating as to why the Board of Society should not be superseded, for the reasons stated in the impugned show cause notice. In the aforesaid notice, it is informed by the respondent that an inspection under Section 82 of the Tamil Nadu Co-operative Societies Act was conducted, into the affairs of the society and an inspection report was received by the respondent. But the said report of the Inspection Officer was not served to the petitioners. Therefore, the petitioners could not submit their explanation to the impugned show cause notice, issued by the respondent. As found in the show cause notice, the misconduct has been committed by Mr. M.Vijayakumar, the President of the Society. Therefore, the petitioners are not liable or not responsible for the alleged misconduct committed by the said Mr. M.Vijayakumar. Without following the provisions as contemplated under Section 88 of the Tamil Nadu Cooperative Societies Act, the respondent issued the impugned show cause notice of supersession. Hence, the present writ petition has been filed challenging the impugned show cause notice issued by the respondent.
(3.) Learned counsel for the petitioners would submit that the respondent has no jurisdiction or power to pass the impugned order and the same is against the provision of law. Further, it is the contention of the petitioner that the aforesaid notice is liable to be quashed on the ground that the enquiry report has not been served on the petitioners, as contemplated under Section 88 of the Tamil Nadu Co-operative Societies Act, 1983. Learned counsel for the petitioners would submit that inspection was conducted, by the respondent, as per Section 82 of the Act. The said enquiry was completed and report was submitted to the respondent. Without following the provisions as contemplated under Section 82(5) of the Act, the respondent has passed the impugned show cause notice under Section 88 of the Tamil Nadu Co-operative Societies Act, 1983, which is illegal and contrary to the provisions of the Act. In this regard, learned counsel for the petitioners rely upon Section 82(5) of the Act, which reads as follows :- "82(5) --Registrar may, by an order in writing, direct the registered society or any officer of the society to take such action as may be specified in the order to remedy within such time as may be specified therein the defects, if any disclosed as a result of the inspection or investigation." The aforesaid sub-section 5 of Section 82 of the Act, clearly states that the Registrar may, by an order in writing, direct the registered society concerned to rectify the defects within the specified time if any, on the basis of the report. Hence, without following the said procedure, passing of the order under Section 88 of the Act itself has vitiated the entire proceedings.;