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2015 Supreme(Mad) 2184

IN THE HIGH COURT OF MADRAS
M. Duraiswamy, J.
Thanga Kathiravan – Appellant
Vs.
The Deputy Registrar of Co-operative Societies and Ors. – Respondent
W.P. No. 27137 of 2014 and M.P. Nos. 1, 2 of 2014
Decided On: 19.02.2015

Advocates:
Advocate Appeared:
For the Appellant: M.S. Palaniswamy
For the Respondents: L.P. Shanmuga Sundaram, Spl. Govt. Pleader

Headnote:Tamil Nadu Co-operative Societies Rules, Rule 62 - No Confidence Motion - Notice of - Special Meeting – In this suit petitioner was elected as president out of 11 members in a co-operative society - applied to set aside a impugned notice and to disallow the decision of non confidence motion based on not being properly supported by 2/3 member from 11 memebers-Thus notice dismissed as not per provision of Rule 62(3) and petition allowed as letter of non confidence motion not signed by only 7 members instead of 7.33.

ORDER

M. Duraiswamy, J.

1. The petitioner has filed the above writ petition to issue a Writ of Certiorari to call for the records of the Proceedings of the second respondent in Na.Ka.No. 1/2014 dated 7.10.2014 and quash the same.

2. The brief averments of the petitioner is as follows:

(a) According to the petitioner, the Sikkal Primary Agricultural Co-operative Credit Society Ltd. consist of 11 elected Members and the elected Members elected the petitioner as President and the petitioner assumed Office on 9.5.2013.

(b) According to the petitioner, for the self gain of some of the members, false and frivolous petitions against him were presented before the first respondent and other higher officials. Out of the eleven (11) elected members, seven (7) members filed a requisition before the first respondent to move a "No confidence Motion" against him and have requested the first respondent to convene a special meeting to discuss the no confidence against the petitioner.

(c) The petitioner received a Notice from the second respondent on 8.10.2014. He met the second respondent on 9.10.2014 and requested him to provide a copy of the proceedings dated 29.9.2014. However, the second respondent directed the petitioner to approach the first respondent on 9.10.2014 and obtain a copy of the proceedings.

(d) On 9.10.2014, the Office of the first respondent refused to receive the petitioner's application for the issuance of the certified copy of the proceedings dated 29.9.2014. According to the petitioner, the respondents, without following the provisions of Rule 62 of Tamil Nadu Co-operative Societies Rules (hereinafter referred to as "Rules") has convened the Special meeting for No Confidence Motion against him. Since the requisition itself does not satisfy the statutory requirements, the decision if any is taken, based on the same, shall have no legal force.

(e) As per Rule 62(3) of Tamil Nadu Co-operative Societies Rules, the Registrar shall, within thirty days from the date of receipt of requisition, arrange to convene a special meeting of the board of the society, for consideration of the resolution expressing no confidence in the office bearer (supported by 2/3 of the members and) for which not less than three days' notice shall be given. Further, a copy or gist of the requisition and of the representation, if any, received from the office bearer concerned shall also be sent to the members along with the notice for the special meeting of the board.

(f) Since only seven (7) members had signed the requisition for moving no confidence motion, their strength does not represent 2/3 majority. If less than 2/3 of the existing members move for no confidence motion, the first respondent should not accept their request. 2/3 of 11 comes to 7.33. Hence the next whole number is eight (8) will have to be construed to represent 2/3 majority. When 2/3 of the existing members have not moved the no confidence motion, the first respondent cannot entertain the said no confidence motion and issue notice under 62 (4) of the Rules.

(g) The second respondent, pursuant to the authorisation, has issued the notice dated 7.10.2014 under Sec. 62(4) of the Rules to convene a special meeting on 14.10.2014 at 11.30 a.m. for the purpose of considering the no confidence motion. The petitioner was not given an opportunity to explain his stand before the first respondent. The petitioner was not communicated the copy of requisition made by the members of the Society.

(h) As per Rule 62(3), the meeting should be convened within thirty days from the date of receipt of requisition. When the requisition was received by the first respondent on 1.9.2014, the meeting was convened on 14.10.2014, which is beyond the period prescribed under 62(3) of the Rules. In these circumstances, the petitioner has filed the above writ petition seeking for the above relief.

3. The brief case of the respondents are as follows:

(a) According to the respondents, as per the principle enunciated in Section 33,




























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