BHADDER SINGH Vs. DISTRICT MAGISTRATE, BULANDSHAHR AND OTHERS

JUDGEMENT

(1.) The validity of the meeting scheduled to be held on 18.4.1989 to consider the motion of no confidence against the petitioner is being impugned in the present writ petition.

(2.) The petitioner is chairman of Sadhan Sahakari Samiti. On 16.3.1989 the District Magistrate Bulandshaher passed an order fixing 18.4.1989 as the date of the meeting for consideration of the aforementioned motion. Before us the original envelop, which contains notice sent to the petitioner has been produced. This envelop indicates that the Postal article was itself handed over to the Post Office concerned on 7.4.1989. Presumably the petitioner must have received this envelop subsequent lo 7.4.1989. It is stated that it was received by the petitioner on 10.4.1980. Proviso to Rule 458 of the U.P. Co-operative Societies Rules, lays down that atleast thirty days notice should be given for a meeting, where any proposed on confidence motion is to be considered. Indisputably, in this case, thirty days notice has not been given. This short Coming alone will vitiate the meeting scheduled to be held on 18.4.1989.

(3.) The Block Development Officer Dhankaur, is directed not to hold meeting on 18.4.1989 in pursuance of the Order dated 16.3.1989 issued by the District Magistrate. However, the Block Development Officer shall at the meeting on 18.4.1989 announce the dale for the next meeting. He shall fix such a date, which will given to all concerned thirty days notice of the meeting.