R AMBER SINGH Vs. DEPUTY REGISTRAR OF COOPERATIVE SOCIETIES, DIVISIONAL COOP OFFICER, BODHAN, NIZAMABAD DIST ,

JUDGEMENT

(1.) THE 1st petitioner is the President and the 2nd petitioner is the Vice President of the Primary Agricultural Cooperative Society, Chandoor village, Varni Mandal of Nizamabad district. They were elected as members of the Society in the month of January, 2013 and thereafter, as President and Vice -President of the said Society. It is submitted by them that by reason of change in the political scenario in the State, the political party which is in power abducted certain members of the Society and kept them in a camp since 19 -02 -2015 and got issued a letter purportedly written by 10 members of the Society expressing their intention to move Motion of no -confidence against the petitioners on the allegations viz., that the activities of the Society are run by the petitioners without consulting the Managing Committee Members, that they are ill treating the Managing Committee Members and that they are ill treating the farmers and causing loss to the income of the Society. Subsequently, a notice dated 21 -02 -2015 was issued proposing to hold the meeting of Motion of no -confidence on 13 -3 -2015 at 10.30 a.m. in the office of the Society. But, the said Notice was served on the petitioners and other Managing Committee Members on 27 -02 -2015.

(2.) THE contention of the petitioners is that the notice of Motion of no -confidence falls short of 15 days and therefore, not in accordance with Section 34 -A of the Andhra Pradesh Cooperative Societies Act, 1964 (the APCS Act, for short) and the Rules framed thereunder. They submitted that according to Section 34 -A of the APCS Act, there must be 15 days clear time for the debate and holidays have to be exempted from the said period and that the Motion of no -confidence which was proposed on 13 -3 -2015 shall not be carried on. They also submitted that as per Rule 24 -A of the Andhra Pradesh Cooperative Societies Rules, 1964 (the APCS Rules, for short), it is mandatory to issue notice with copies to be affixed on the notice boards of the Society and the Gram Panchayat to which the operation of the Primary Agricultural Cooperative Society extends but no such notices have been affixed. Under the aforementioned circumstances, they filed the present writ petition invoking jurisdiction of this Court under Article 226 of the Constitution of India for a Writ of mandamus to set aside the proceedings dated 21 -02 -2015 duly served on the petitioners on 27 -02 -2015 proposing to hold meeting of Motion of no -confidence under the provisions of the Act.

(3.) THE 1st respondent filed Counter Affidavit on behalf of the respondents contending inter alia as follows: