K.A. Arangarasu and Others vs The Joint Registrar of Co-operative Societies and The Deputy Registrar of Co-opeartive Societies

P.D. Dinakaran, J.—Mr. M.K. Hidayathullah, learned Additional Government Pleader takes notice on behalf of the Respondents.

Even though by proceedings dated 9-8-2000, the first Respondent called upon the Petitioners to submit their explanation against the proposal of disqualification sought to be made u/s 36 of the Tamil Nadu Cooperative Societies Act (hereinafter referred to as ''the Act''), pursuant to an enquiry into the alleged irregularities made against the Petitioners and held u/s 88(1) of the Act, Mr. K. Chandru Learned Senior Counsel appearing for the Petitioners contends that the impugned show cause notice dated 9-8-2000 is illegal as the first Respondent, inspite of the specific request of the Petitioners on 19-8-2000, refused to furnish a copy of the report of the enquiry held u/s 88(1) of the Act which is contrary to the decision laid down by this Court in Arignar Anna Weavers Co-operative Society Ltd. Vs. State of Tamil Nadu and Others, .

In my considered opinion, as rightly pointed out by Mr. K. Chandru, Learned Senior Counsel appearing for the Petitioners, placing reliance on the decision of this Court reported in Arignar Anna Weavers Co-operative Society Ltd. Vs. State of Tamil Nadu and Others, , and admitted by the learned Additional Govt. Pleader, the Petitioners are entitled for a copy of the report before required to submit their explanation to the impugned show cause notice dated 7-8-2000 and therefore, requiring the Petitioners to submit their explanation to the proposed disqualification sought to be made u/s 36 of the Act even without furnishing the enquiry report made u/s 88(1) of the Act, is per se illegal and also violates Section 82(5) and 81 (6) of the Act. Hence, I am obliged to interfere with the impugned show cause notice dated 9-8-2000 and to quash the same with a further direction to the first Respondent to furnish a copy of the enquiry report to the Petitioners to proceed in the matter, if they are so advised as per law.

This writ petition is ordered accordingly. No costs. Consequently, W.M.P. No. 21901 of 2000 is closed.