CHOTEY SINGH YADAV Vs. DISTRICT MAGISTRATE LUCKNOW

JUDGEMENT

(1.) BY its resolution dated 22nd October, 1991 a Cooperative Society passed a motion of no -confidence in the Petitioner as a Chairman of that society. In the same meeting a successor to the Petitioner was elected. The legality of both the transaction is being questioned in the present petition.

(2.) THE "specified authority" convened the meeting of the Co -operative Society on 22nd October, 1991. He nominated one Shri A.K. Singh as the officer to preside over the said meeting. Time and place of the meeting was fixed. All the fourteen members of the society were present in the meeting. The motion of no -confidence was put to vote. It was carried by a majority. The result of the voting was announced. Thereafter the successor of the Petitioner was elected.

(3.) THE following submissions have been made in support of this petition. (1) The notice convening the meeting on 22nd October, 1991 did not provide that in the event of the no -confidence motion being duly carried. The election of the new Chairman should be held in the same meeting (Rule 458(2). Hence no valid meeting took place in the eye of law (2) In any view of the matter, the election of the successor was bad for what of notice under Rule 458(2), (3) The Petitioner was not given due notice of the meeting of 22nd October, 1991. We shall deal with these submission seriatim.