Katam Kasi Raju vs State of Andhra Praedsh

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(AP) 1544

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI
GANNAMANENI RAMAKRISHNA PRASAD, J.
Katam Kasi Raju - Appeallant
Versus
State of Andhra Praedsh - Respondent
Writ Petition No. 10866 of 2022
Decided on : 03-02-2023

Advocates:
Advocate Appeared:
For the Appellant : B.P. RAJU
For the Respondents: GP FOR ANIMAL HUSBANDARY

Headnote:(A) A.P. Co-operative Societies Act, 1964 - Section 34-A(3) - Notice of no confidence motion - Notice was issued with less than 15 clear days for a meeting, violating statutory provisions - The court quashes the notice for lack of compliance with the Act. (Paras 3, 5, 12)

(B) Legal significance of notice periods in governance procedures - Notice requirements are crucial for ensuring members' participation and due process. (Paras 5-9)

Facts of the case:
Writ Petitioner, elected Chairman, received a no-confidence notice insufficiently timed, breaching the statutory requirement under Section 34-A.

Findings of Court:
The notice was quashed as it failed to provide the requisite clear days as mandated by the Act.

Issues: Whether the notice of the no-confidence motion issued against the Writ Petitioner complied with the statutory requirement for clear notice days.

Ratio Decidendi: The court concluded that failing to provide 15 clear days’ notice nullified the no-confidence motion, emphasizing adherence to procedural fairness as necessary in governance.

Result: Writ Petition allowed; notice quashed.

Table of Content
1. notice for no confidence motion must comply with statutory requirements. (Para 2 , 3 , 4)
2. irregularities in notice issuance invalidates the meeting. (Para 5 , 9 , 10 , 11)
3. disqualification under act should not impact the current notice. (Para 6 , 7 , 8)
4. writ petition allowed; impugned notice quashed. (Para 12 , 13)

ORDER :

Heard Sri B.P. Raju, learned Counsel for the Writ Petitioners and Sri M.V. Narasimham, Assistant Government Pleader for Fisheries and Animal Husbandry for the Respondents.

2. Prayer made in the Writ Petition is as under:

“….. to issue an appropriate Writ, order or direction more particularly in the nature of Writ of Mandamus declaring the action of the 2nd Respondent in issuing no confidence Notice vide Rc.No.18/2022 dated 6.4.2022 there is a gap of no less than 15 clear days between date of dispatch of notice on 7.4.2022 and date of meeting on 20.4.2022 (both dates excluded) as highly illegal, arbitrary and contrary to law and clear violation of section 34(a) r/w rule 24-Aof A.P. Co-operative societies Act, 1964 and consequently to Quash the same and pass such ….”

3. Learned Counsel for the Writ Petitioner has submitted that he was unanimously elected as Chairman/President of the Prakasam District Sheep Breeders Co-operative Union Limited, Ongole vide Rc.No.82/AH/S/95 dated 01.05.2018 for a period of five years. While so, Writ Petitioner was served with a Notice for No Confidence Motion dated 06.04.2022 vide Rc.No.18/2022. This Notice was served by the Functional Registrar, Prakasam District Sheep Breeders Co-operative Union Limited, Ongole stating that the elected Office Bearers of the Society would hold a meeting in the Office on 20.04.2022 at 11.00 A.M for considering the No Confidence Motion against the Writ Petitioner. Learned Counsel for the Writ Petitioner further submitted that the said Notice dated 06.04.2022 was dispatched to the Writ Petitioner on 07.04.2022 and the Writ Petitioner received the said Notice on 08.04.2022. The date of receipt of Notice is in fact after the scheduled date of the meeting itself.

4. Learned Counsel for the Writ Petitioner has submitted that the Functional Registrar/Joint Director (A.H) (R.2) has committed irregularity in issuing the Notice of meeting for considering the Agenda of No Confidence against the Writ Petitioner. Learned Counsel further submits that Sub-section (3) of Section 34 -A of the Andhra Pradesh Cooperative Societies Act, 1964 (for short, the Act) stipulates that the Competent Authority shall give to the members Notice of not less than 30 clear days of meeting. The relevant portion of Section 34 -A(3) of the Act reads as under:-

(2) A written notice of intention to make the motion, in such form as may be prescribed, signed by not less than one-half of the total number of members of the Committee together with a copy of the proposed motion shall be delivered in person, by any two of the members signing the notice, to the Registrar having jurisdiction over the Society.

Explanation: - For the removal of doubts, it is hereby declared that for the purposes of this section, the expression "total number of members of the Committee" shall mean the total number of elected members inclusive of its President and Vice-President but irrespective of any vacancy existing in the office of member at the time of meeting.

(3) The Registrar shall then convene a meeting for the consideration of the motion at the office of the society on a date appointed by him which shall not be later than thirty days from the date on which the notice under sub-section (2) was delivered to him. He shall give to the members notice of not less than fifteen clear days of such meeting in such manner as may be