Judgment

Kurian Joseph, J.

1. Leave granted.

2. Whether in the absence of a specific provision on removal by no confidence in the Act, Rules or even Bye-laws of a Cooperative Society, the Chairperson/elected office bearer can be removed by a motion of no confidence, is the short but complex question.

3. Appellant was removed from the office of the Chairperson of the first Respondent-cooperative society through a no confidence motion. Aggrieved, Appellant filed a writ petition which was dismissed as per the impugned judgment and thus the appeal.

4. Shri Kapil Sibal, Shri H. Ahmedi and Shri Harin P. Raval, learned Senior Counsel led the arguments on behalf of the Appellant. Shri Tushar Mehta, Additional Solicitor General, Dr. Rajeev Dhawan, Shri Ashok Desai and Shri V. Giri, learned Senior Counsel, Shri Sanjay R. Hegde and Shri B.S. Patel, learned Counsel, led the arguments on behalf of the Respondents.

5. International Cooperative Alliance Statement on the Cooperative Identity was adopted in Manchester, United Kingdom on 23.09.1995. The 'cooperative' is defined as:

A co-operative is an autonomous association of persons united voluntarily to meet their common economic, social, and cultural