By the Court.—This petition has been filed by the Chairman of Sahkari Ganna Samiti Limited, Faizabad. He is facing a No-Confidence-Motion the proposal whereof, is stated to have been signed by the requisite number of members. This proposal was forwarded to the District Magistrate, Faizabad who issued notice on 7th of April, 2017 fixing 28.4.2017 as the date of holding of the meeting for consideration of the aforesaid proposal of No-Confidence-Motion.

2. Apart from the other issues raised, the main ground of challenge is that the notice is in violation of the mandatory provisions of Rule 458 (1) of the Uttar Pradesh Co-operative Societies Rules, 1968. The same is reproduced below :

“458. (1) On receipt of the notice of no confidence as provided in Rules 456 and 457, the specified authority shall fix such time, date and place as, he may consider suitable for holding a meeting for the purpose of consideration of the proposed no confidence motion:

Provided that such meeting shall be held within thirty-five days of the receipt of the notice of no confidence:

Provided further that at least twenty-one day’s notice shall be given for holding such meeting.”

3. We had heard the matte