F.I. REBELLO, J.:- Rule. Heard forth with.

The petitioner and respondent Nos.2 to 18 are the directors of respondent No.19 a specified Co-operative Society registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 as applicable to the State of Goa. The respondent No.1 issued a notice dated 11-10-2007 convening a special meeting of the Board of Directors U/s.73(I)(3) of the Act on 25-10-2007 at 10.30 a.m. for the purpose of considering the motion for vote of no confidence against the petitioner herein who was the Chairman of Respondent No.19. At the meeting held, 9 elected members voted in favour of the resolution thereby expressing their no confidence in the petitioner. The motion was accordingly passed as 6 other elected Directors chose, not to remain present. It is this resolution which is the subject matter of the present petition.

2. At the hearing of this petition, on behalf of the petitioner their learned Counsel has made the following submissions:

a) The motion in terms of Section 73(I)(1) of the Act had to be by a simple majority of the members of respondent No.19. In the instant case there being 18 at members only 9 participated and voted and