D MADHAVA REDDY Vs. COLLECTOR CO OPERATION

JUDGEMENT

(1.) .This appeal is by, unsuccessful writ petitioners who questioned the notice dated 20-11-1999 issued by the District Collector (Co-operation), Warangal convening the meeting of the Managing Committee of the District Co-operative Central Bank Limited, Warangal on 7-2-1999 for consideration of the proposed motion of no confidence against its President (first appellant herein). The said notice was issued under Section 34-A of A.P. Co-operative Societies Act The writ petition was allowed by a learned Single Judge and the notice issued by the Collector was quashed on the ground that the notice fell short of 15 clear days and therefore violative of the mandatory requirement of Section 34-A(3). Naturally, the appellants are not aggrieved by this part of the judgment. However, the appellants are aggrieved by the further direction given by the learned Single Judge leaving it open to the Registrar to issue notice for convening a meeting in accordance with Section 34-A(3). According to sub-section (3) of Sec.34-A, the Registrar on receipt of the notice of communication to move a motion expressing want of confidence in the President or Vice President of the Committee, shall convene a meeting for consideration of the motion on a date appointed by him which shall not be later than 30 days from the date on which the notice was delivered to him. The second part of sub-section (3) requires the Registrar to give to the members notice of not less than 15 clear days of such meeting in such manner as may be prescribed. The proviso to sub-section (3) is an exception to the first part of sub-section (3). We shall advert to that proviso later.

(2.) . In the present case, it is not in dispute that the notice dated 20-11-1999 issued by the District Collector, acting as Registrar under the Act convening the meeting on 7-12-1999 fell short of 15 clear days as enjoined by the Legislature. On that ground/ the learned Judge set aside the notice. One more fact to be noticed is that by an interim order dated 3-12-1999 passed in the writ petition which gives rise to this writ appeal, this Court granted stay of all further proceedings pursuant to the notice dated 20-11-1999 issued by the Registrar. That interim order continued till the writ petition was disposed of by the impugned judgment. What should follow as a consequence of quashing the notice dated 20-11-1999 was the next question that was debated before the learned Single Judge. It was the contention of the writ petitioners that the first part of Section 34-A which requires the meeting to be held not later than 30 days from the date on which the notice of no-confidence motion was delivered to the Registrar, cannot be applied at this stage because 30 days' period expired long back. Therefore, the appellants pleaded that the notice of noconfidence given by the members of the Managing Committee of the Co-operative Society loses its effect and remains a dead letter. Unless a fresh notice of no-confidence is delivered to the Registrar, it is argued, the Registrar cannot act further in the matter. This contention was negatived by the learned Single Judge in the following words:

(3.) Earlier, the learned Single Judge held that the proviso to Section 34-A(3) which the respondents relied on has no application and does not come to the aid of the Registrar.