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2015 Supreme(AP) 165
In the High Court of Judicature at Hyderabad
R. KANTHA RAO, J.
R. Amber Singh & Another – Appellants
Versus
The Deputy Registrar of Co-operative Societies, Divisional Co-op. Officer & Others – Respondents
Writ Petition No. 5607 of 2015
Decided on : 12-03-2015
For the Petitioners: Nandigam Krishna Rao
For the Respondents: Government Pleader for Co-operation.
Headnote:
Co-operative Societies – Rule 24 – Section 76 – Petitioner is the President and the 2nd petitioner is the Vice President of the Primary Agricultural Cooperative of 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 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 in the office of the Society. But, the said Notice was served on the petitioners and other Managing Committee – Held, Learned Special Government Pleader for Cooperation furnished to this Court, the acknowledgements of the petitioners 1 and 2 and the envelope sent to the 1st petitioner. The envelope sent to the 1st petitioner shows that the addressee refused. The envelope also shows that it was and the Postal authorities approached the 1st petitioner refusal of the 1st petitioner relates back to the date 25-02-2015 and the endorsement clearly shows that when the concerned person of the Postal Department approached the 1st petitioner, he did not accept the envelope and refused to take notice. Further, the acknowledgment of the 2nd petitioner also shows that the envelope was dispatched to him on 24-02-2015, which is indicative of the fact that he must have also received the same on cannot be accepted. Further, there is an alternative efficacious remedy available to the petitioners by way of an appeal under Section 76 of the APCS Act if at all they wanted the evidence has to be meticulously examined. The petitioners without approaching the Cooperative Tribunal under Section 76 of the APCS Act by way of an appeal approached this Court. This Court, however, examined the material placed by the respondents for arriving at the prima facie opinion as to when the notice was tendered to the petitioners in time. Either in Section 34-A of the APCS Act or in Rule 24-A of the APCS Rules, the expression used by the Legislature is by giving or tendering the notice – Application is dismissed.
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:
That10 out of 13 members of the Managing Committee issued a notice dated 19-02-2015 to convene a meeting to move the Motion of no-confidence against the President and Vice President of the Society on 13-3-2015. Accordingly, the 1st respondent issued notice dated 21-02-2015 proposing to hold a meeting of the Managing Committee for the purpose of discussion and voting on the proposed Motion of no-confidence on 13-3-2015 at 10.30 a.m. in the office of the Society. It is submitted by the respondents that the said notices dated 21-02-2015 were handed over to the Chief Executive Officer (CEO) of the Society with a direction to serve on all the 13 Managing Committee Members and also to affix the same on the Notice Boards of the Society as well as the Gram Panchayat concerned. They were affixed on the Notice Boards of the Society as well as the Gram Panchayat. Further, the CEO of the Society met the petitioners who are the President and the Vice President of the Society on 23-02-2015 and 24-02-2015 respectively around 6 p.m. at their respective residences and requested them to receive the notices. Both of them received the notices, read the contents and returned them to the CEO asking him to come on the next day. Thereafter, it is said that the CEO met the President on 23-02-2015 and the Vice President on 24-02-2015. Both of them had some internal discussions and refuse
