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2007 Supreme(All) 2042

B.S.VERMA
DHIRENDRA SINGH RAWAT – Appellant
Versus
DISTRICT MAGISTRATE UDHAM SINGH NAGAR – Respondent


Advocates:
Alok Singh, Gajendra Tripathi, MANOJ TIWARI, S.K.Mandal,

This writ petition has been preferred for issue a writ, order or direction in the nature of certiorari quashing the order dated 12-5-2007 passed by respondent no. 3 (Annexure No,5) whereby no con fidence motion was passed against the petitioner by members of Gularbhoj Dirghakar Bahuuddaishiya Sahkari Samiti, i. e. respondent no. 3 society and the respondent no. 4 was elected as chairman of the society.

2. The impugned order has been as sailed mainly on the ground that the no tice for no confidence motion was pre sented before the District Magistrate, i. e. respondent no. 1, on 12-4-2007 and the meeting of no confidence motion was held on 12-5-2007 after expiry of period of 30 days from the date of receipt of the notice and thus, the meeting is null and void.

3. Learned counsel for the petitioner has submitted that the mandatory pro vision of Rule 481 (1) of the Uttaranchal Cooperative Society Rules, 2004 (for short the Rules) has been violated.

4. In para no. 13 of the writ peti tion is has been contended that on 29-3-2007 the District Assistant Registrar Cooperative Society Uttarakhand passed an order by which the name of the nominated members have been with drawn and on 6-3-2007 a










































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