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1 - 4 of 4 (1.80 seconds)Article 226 in Constitution of India [Constitution]
Section 153 in The Tamil Nadu Co-Operative Societies Act, 1983 [Entire Act]
D.Sathyamoorthy vs The Deputy Registrar Of on 12 August, 2014
8. This Court will first go into the issue as to whether the second
respondent was right in ordering for an inquiry under Section 81 of the
Tamil Nadu Cooperative Societies Act. In the present case, very
serious allegations have been made against the petitioner and the
allegations made by the petitioner against the President of the third
respondent Society are also equally serious. In the light of the
allegations and counter allegations, the same has to be necessarily
inquired and the only way to do it is by initiating action under Section
81 of the Tamil Nadu Cooperative Societies Act. This Court exercising
its jurisdiction under Article 226 of the Constitution of India, cannot
conduct a roving enquiry and find out the truth and it is fit and proper
to leave this exercise to the competent authority who can go into the
factual aspects by recording the statements of the persons concerned
and the witnesses. As held by this Court in the case of
D.Sathyamoorthy Vs. The Deputy Registrar of Cooperative
Societies and Others reported in 2014(7) MLJ 850, an inquiry
conducted under Section 81 of the Tamil Nadu Cooperative Societies
Act., is in the nature of an investigation to find out whether the affairs
of the Cooperative Society are conducted legally and whether there are
financial improprieties in the matter of conduct of its affairs. No
8/12
http://www.judis.nic.in
W.P.NOs.35279 and 14805 of 2019
adjudication takes place during an inquiry under Section 81 of the
Tamil Nadu Societies Act and the proceedings are aimed only to find
out the facts and to submit a report to the authority concerned for
initiation of further proceedings.
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