GADDAMPALLI JAGPAL REDDY Vs. DISTRICT COLLECTOR NALGONDA

JUDGEMENT

(1.) THE petitioners question the proceedings No. 252/07-B, dated 24. 3. 2007 of the 2nd respondent/deputy Registrar of co-operative Societies, Miryalaguda, nalgonda District in deciding to convene a meeting for consideration of the motion of no-confidence on the President of Primary agricultural Co-operative Society, G. Gowraram, Headquarters at Chintapally on the ground that the Managing Committee members of the society submitted a representation regarding the No-confidence motion on 23. 3. 2007.

(2.) THE first petitioner is the President of the Primary Agricultural Co-operative society, G. Gowraram, at Chintapally (for short 'the Society')and the petitioners 2 and 3 are the Managing Committee members of the Society (hereinafter called as 'the Committee' ). 'it is stated that the elections were held to thirteen members committee on 23/10/2005 and the first petitioner was elected as its President on 24/10/2005.

(3.) IT is the case of the petitioners that out of ten managing committee members who signed the requisition for consideration of motion of no confidence, two members were ceased to be the members of the committee and one of them is the 5th respondent/smt. Gunireddy Ramchandramma who was elected as M. P. T. C. of Chintapally on 11/7/2006 and to that effect the president of the Mandal Praja Parishad, chintapally certified that Smt. Gunireddy ramachandramma wife of Pratap Reddy resident of Nelavalipally has been elected as MPTC of Teeded Pradeshika of chintapally Mandal on 4. 7. 2006 and she has taken oath on 11. 7. 2006 and still she is continuing as MPTC and therefore, the 5th respondent is ceased to be a member of the Committee. It is further stated that insofar as 6th respondent-Adithuni Laxmaiah member of the committee is concerned, it is stated that he has not attended any of the committee meetings and therefore, as per section 21-B of the A. P. Co-operative societies Act (for short 'the Act) as he has absented himself from three consecutive meetings prior to 21. 9. 2007, he ceased to be a member of the Committee and therefore, the said two persons are not entitled to move or participate in the No-confidence motion as they have ceased to be the members of the Committee. It is further stated that the impugned motion of noconfidence proceedings, dated 24. 3. 2007 for convening the meeting for consideration of the No-confidence Motion on 18. 4. 2007 was not served on the petitioners giving fifteen clear days. It is stated that the notice of No-confidence Motion has to be served by giving or tendering to the members of the committee or by sending it by registered post to their address under Section 34-A (3) of the Act read with Rule 24-A (2) (a) and (b) of the A. P. Co-operative Rules, 1964 (for short 'the Rules' ). As fifteen clear days have not been given and as the said notice was not served, the petitioners contend that the Motion of No-confidence cannot be carried on 18/4/2007.