ASHA D UDAS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD all the learned Counsel: Shri Naik for petitioner; Shri Deshpande, A. G. P. for respondent Nos. 1 to 3; Shri Salunke for respondent Nos. 6 to 8 and Shri Pai for respondent No. 9.

(2.) WHAT the petitioner challenges is the notice dated 8th February, 2000 (Ex. A page 38) issued by the third respondent convening a meeting of the members of the Managing Committee of Bindiya Co-operative Housing Society Ltd. , respondent No. 4 for the purpose of considering the No Confidence Motion against the petitioner who is the Secretary of the fourth respondent society. Admittedly, the requisition has been submitted under section 731-D of the Maharashtra Co-operative Societies Act, 1960 (for short "the 1960 Act" ). The said provision requires that requisition for convening a special meeting for considering the motion of No Confidence should be signed by not less than 1/3rd of the total number of members of the Committee who are entitled to vote at the election of the officer concerned. It may be noted at this juncture that, earlier sub-section (2) of section 731-D contained the word "signed by not less than one third of the total number of members of the Committee who are for the time being entitled to sit and vote at any meeting of the Committee". By Maharashtra Act 7 of 1997, an amendment has been effected and for the above quoted words, the words now inserted are "signed by not less than one third of the total number of members of the committee who are entitled to vote at the election of such officer". The words "entitled to sit and vote "have been substituted by the words "entitled to vote". The relevant rules prescribing the procedure for submitting the requisition of "no Confidence" against an officer of the society and its consideration is laid down in Rule 57a of the Maharashtra Co-operative Societies Rules, 1961 (for short "the 1961 Rules".)

(3.) THE objection raised by Shri Naik on behalf of the petitioner is two fold (i) there is failure to comply with Rule 57a (1) (d) and (ii) failure to comply with Rule 57a (1) (e ). Rule 57a (1) reads under : "57a. Motion of no-confidence against the officers of the society--- (1) The requisition to call the special meeting of the committee of a society to consider a motion of no-confidence against the President, Vice-President, Chairman, Vice-Chairman, Secretary, Treasurer or the other officer of the society, by whatever designation called, who holds office by virtue of his elections to that office, shall be made in Form M-18. The requisition shall be accompanied by :--- (a) the grounds of no-confidence; (b) the text of the motion of no-confidence to be moved; (c) the name of the committee members who shall move the motion of no-confidence. (d) a list of members of the committee specifying their full names, and address who are, for the time being, entitled to sit and vote at any meeting of the committee; (e) Signatures of the members of the committee who are signing the requisition duly attested by the Chief Executive Officer of the society or Special Executive Magistrate or Executive Magistrate or any Gazetted Officer of the Government.