LAWS(APH)-1999-12-58

D MADHAVA REDDY Vs. COLLECTOR CO OPERATION

Decided On December 22, 1999
D.MADHAVA REDDY Appellant
V/S
COLLECTOR (CO-OPERATION), WARANGAL Respondents

JUDGEMENT

(1.) The petitioners 1 to 3 have been elected as Presidents of the P.A.C.S., Aminabad; of the Electricity Employees Co-operative Society and of the P.A.C.S., Komatlagudem respectively. The 1st petitioner had been elected as President and petitioners 2 and 3 as Directors along with 19 other Directors, of the Warangal District Co-operative Central Bank Limited (WDCCB), in the elections held in August, 1995. The term of office of such elected management is five years. The 1st petitioner received on 22-11-1999 proceedings R.C.No. 4930/99-D, dt. 20-11-99, issued by the 1st respondent- Collector (Co-operation), Warangal, accompanied by the draft of a No- Confidence Motion signed by some of the Directors expressing no confidence against the 1st petitioner and the Vice-President of WDCCB, Sri Ch. Surender Reddy. The proceedings (impugned in the writ petition) proposed convening of the meeting of the Management Committee on 7-12-99 for consideration of the proposed motion of no- confidence, only against the 1st petitioner since by that time the Vice-President against whom also the motion of no-confidence was proposed had resigned and his resignation was accepted. The 2nd petitioner on 24-11-99 and 3rd petitioner on 25-11-99 received similar proceedings of the 1st respondent.

(2.) Inter alia contending that the convening of the meeting to consider the no-confidence motion on 7-12-1999 is illegal and contrary to the provisions of Sec. 34-A of the A.P. Co-operative Societies Act, 1964 (for short 'the Act'), this writ petition is filed seeking invalidation of the impugned proceedings of the 1st respondent dated 20-11-99. In the writ petition the impugned proceedings is assailed on other grounds also, which however, have not been pursued at the hearing of the writ petition and as such neither adverted to nor analysed herein.

(3.) Section 34-A of the Act to the extent relevant to the case on hand reads as under: