D. S. Sinha, J. - (1.) Heard Sri L. N. Pandey, learned counsel appearing for the petitioner and Sri Vinay Malvlya, learned Standing Counsel representing respondent Nos. 1, 2, 3 and 4. Nobody appears for respondent No. 5.
(2.) By the impugned citation dated 14th March, 1980, a copy whereof is Annexure-I to the writ petition, a sum of Rs. 12,139,95, plus recovery charges, is sought to be recovered from the petitioner, The amount is said to be due from Kasta Avam Loh Kala Society Lasra, post office Pirohari, District Ballla, a society registered under the provisions of U. P, Co-operative Societies Act, 1912 (now 1965), (hereinafter called the Act), of which the petitioner was elected as Sarpanch in the year 1964, and remained as such till 1st March, 1967. In March. 1967, Sri Raj Nath Pandey, respondent No. 5 became Sarpanch and took charge on 15th March. 1967.
(3.) The stand taken on behalf of the contesting respondents in their counter-affidavits is that the money advanced to the society was misused by the petitioner and he was personally liable to repay the same.;