- (1.) Being aggrieved against the action of the respondents in directing to re-audit the records of Indian Airlines Pilots Cooperative House Building Society Limited, Gurgaon (for short, "the Society"), the petitioners have filed this writ petition.
(2.) The petitioners are Members of the Managing Committee of the Society. The Managing committee was elected in 2007 and petitioner No.1 is Vice President whereas petitioner No.2 is a Member of the Managing Committee. The Managing Committee was removed in the year 2008 but was subsequently restored in the year 2011. Election of the Managing Committee has again been held in 2012 and the petitioners have been elected as Members of the Managing Committee.
(3.) The audit of the Society for the years 2006-2011 was held by Senior Auditor, who has submitted the report on 12.10.2011. It is stated that the audit report has recommended recovery from the then Manager of the Society. Efforts were made to recover the amount and when the amount could not be so recovered, FIR No.307 was lodged on 17.10.2011. Respondent No.2 i.e. Registrar, Cooperative Society, has directed that re-audit for the period 2006-2011 be carried out. As per the petitioners, this is on the asking of Hon'ble Cooperation Minister of the State. The Auditor has accordingly constituted an audit team on 9.11.2012. This action is now challenged by the petitioners on the ground that re-audit can not be directed on the asking of Minister. Plea is that the authority is conferred on the officials alone, who would have jurisdiction and such jurisdiction can not be exercised on the asking of senior official or Minister. As per the petitioner, if it is so done, the order would be invalid. In support, the petitioner has relied upon The Purtabpur Company Ltd. Vs. Cane Commissioner of Bihar and others, AIR 1970 Supreme Court 1896 and Section 95 of the Haryana Cooperative Societies Act (for short, "the Act").;