T. RAMU Vs. JOINT REGISTRAR OF CO

JUDGEMENT

(1.) This writ petition has been filed, challenging the notice issued by the second respondent under Rule 62, of the Tamil Nadu Co-operative Societies Rule, 1988, for convening a meeting for considering the removal of the petitioner from the post of President of Thiruchirappalli District Central Co-operative Bank Limited.

(2.) The learned counsel appearing for the petitioner submitted that the petitioner is now functioning as President of the above said Co-operative Bank and doing extraordinary service to the society. Now, some of the elected directors turned against the petitioner, and with a mala fide intention, have given a representation before the respondents seeking his removal from the post. Earlier, a show cause notice was issued by the second respondent and challenging the same, the petitioner has filed a Writ Petition in W.P(MD).No.1630 of 2018, before this Court and this Court, by an order dated 29.01.2018, permitted the petitioner to submit his explanation. Pursuant to the same, the petitioner also submitted his explanation but without considering the same, the present impugned order has been passed. The learned counsel further submitted that as per Rule 62 (3) of the Co-operative Societies Rule, 1988 there must be a three clear days notice to be given to the petitioner before convening the meeting. In the instant case, even though notice is dated 21.02.2018, for the meeting to be held on 27.02.2018, the petitioner has received the same only on 24.02.2018, which is within three clear days, and on this aspect, the notice should be necessarily set aside. Apart from that from the impugned order, it is seen that the notice has been issued only to the petitioner, not to other elected directors for convening the meeting, which is mandatory.

(3.) I have heard the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents and perused the materials available on record carefully.