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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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