No confidence motion moved under cooperative societies act 1964 against the chairman
AKRAMULLAH KHAN
(Querist) 20 September 2014
This query is : Resolved
NO CONFIDENCE MOTION MOVED UNDER COOPERATIVE SOCIETIES ACT 1964 AGAINST THE CHAIRMAN, THERE ARE 13 DIRECTORS ELECTED FOR THE SOCIETY OF PRIMARY AGRICULTURE COOPERATIVE SOCIETY. AND OUT OF 13 MEMBERS 10 MEMBERS OF HAVE FILED NO CONFIDENCE MOTION AGAINST THE CHAIRMAN BUT THE NOTICE WAS SERVED WITH HAVING NO CLEAR 15 DAYS GAP FROM THE DATE OF SERVING TO THE DATE OF NO CONFIDENCE MOTION AND WAS JUST 13 DAYS.
THE CHAIRMAN MOVE TO THE HIGH COURT OF HYDERABAD AND THE INTERIM STAY WAS GRANTED TO HIM AND NOTICES WERE LEFT PENDING SINCE LAST MONTH. AND WAS NOT SERVED TO ANY OF 10 MEMBERS.
HENCE I WOULD LIKE TO KNOW WHETHER WE CAN MOVE ANOTHER NO CONFIDENCE MOTION DURING PENDENCY OF CASE AT HIGH COURT HYDERABAD.
PLEASE FURNISH YOUR ESTEEMED SUGGESTIONS FOR MOVING FURTHER WITH THE NO CONFIDENCE MOTION.
I AM ATTACHING THE ORDER COPY OF HIGH COURT AP BEARING WP NO. 22585/2014 FOR PRESIZE SUGGESTIONS WITH REGARD TO MY QUESTION I HAVE ALREADY SUBMITTED
TO THIS FORUM.
HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
FRIDAY, THE EIGHTH DAY OF AUGUST,
TWO THOUSAND AND FOURTEEN
:PRESENT:
THE HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO
WPMP.NO: 28320 of 2014
IN
WP.NO: 22585 of 2014
Between:
B.Chandra Shekar S/o Venkatesham
President, Primary Agricultural Cooperative Society,
Tandur R/o Thangallapalty village, Tandur Mandal, Adilabad Dist.
...Petitioner
(Petitioner in WP 22585 of 2014
on the file of High Court)
AND
1 The Government of AP., rep. by its Deputy Registrar of Cooperative Societies Mancherial, Adilabad District.
2 The Primary Agricultural Co-Operative Society Tandur, Rep. by its Secretary, Tandur Mandal, Adilabad Dist.
3 Sri. Suram Damodar S/o Narsaiah, Director, PACS Tandur, R/o H.No. 5-32
Post & Village : Madaram, Mandal Tandur, Adilabad.
4 Sri. Gattu Muralidhar Rao S/o. Vissaiah, Director, PACS Tandur, R/o H. No : 2-63, Bramhan Wada Achalapur (Mandal ), Tandur, Aditabad District.
5 Sri. Gudindla Janardhan, S/o. Bheemaiah, Director, PACS Tandur, Walmiki Nagar Post & Village, Tandur, Adilabad Dist.
6 Sri. Gandla Sathaiah S/o. Venkati, Director, PACS Tandur R/o H. No 5-92
Kurma Wada Post & Village, Rechini, Adilabad Dist.
7 Sri. Keshetti Santhosh Kumar, S/o. Gajanan, Director, PACS Tandur, H.No : 3-54, Main Road, Rechini (Post) Mandal : Tandur, Adilabad.
8 Sri V.Narayana S/o Bheemaiah, Director, PACS Tandur H. No : 1-56/1 S.C. Colony, Achalapur (Post) Mandal : Tandur, Adilabad, Adilabad Dist.
9 Sri. Masadi Poshakka W/o. Ramaiah, Director PACS Tandur H. No : 2-192/1, Boyapalli Village, Mandal : Tandur, Adilabad Dist.
10 Sri. Gangadari Bheemaiah S/o. Balaraju, H. No : 1-14, Kapu wada Village : Choutapalli, Mandal : Tandur, Adilabad.
11 Sri. Durgam Laxmi W/o. Chandraiah, Director PACS Tandur Madaram - 3 Post : Madaram Town Ship, Mandal : Tandur, Adilabad District.
12 Sri. Rukum Narsaiah S/o. Mallaiah, Director PACS Tandur H. No : 2-62 Village Kasipeta, Mandal : Tandur, Adilabad District.
13 Kadem Parwathi Bai W/o Sone Rao, Director PACS Tandur H. No : 1-27 Village Narsapur, Mandal : Tandur, Adilabad District.
14 Sri. Mohammed Esa S/o Mohammed Ayub, Director PACS Tandur, H.No. 5-19/2, Choti Masjid Post & Village, Tandur, Adilabad District.
(R2 – R14 are not necessary parties)
...Respondents
(Respondents in-do-)
Counsel for the Petitioner : Sri Gudi Madhusudhan Reddy
Counsel for the Respondent No.1 : GP for Cooperation
Petition under Section 151 of C.P.C. Praying that in the circumstances stated in the affidavit filed in the W.P., the High Court may be pleased to grant stay of all further proceedings in pursuance of the Notice vide RC No.830/2014-B1 dated 19.07.2014 (served on 29.07.2104) issued by the respondent No.1, pending disposal of WP No.22585 of 2014 on the file of the High Court.
The Court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order. (The receipt of this order will be deemed to be the receipt of notice in the case)
ORDER:
Heard the learned counsel for petitioner and the learned Government Pleader for 1st respondent.
Although time was granted to learned Government Pleader for 1st respondent for instructions as to whether the impugned notice of No-Confidence dt.19-07-2014 was actually served on the petitioner on 29-07-2014, the learned Government Pleader has not been able to obtain any instructions.
In this view of the matter, since there is no gap of 15 days between the alleged date of service of said notice on petitioner and the holding of meeting on 11-08-2014, there shall be interim direction as prayed for.
ASSISTANT REGISTRAR
//TRUE COPY//
For ASSISTANT REGISTRAR
To
1 The Deputy Registrar of Cooperative Societies, Mancherial, Adilabad District.
(BY RPAD)
2 One CC to Sri Gudi Madhusudhan Reddy, Advocate (OPUC)
3 Two CCs to the G.P. for Co-operation (Telangana), High Court, Hyderabad. (OUT)
4 One Spare Copy.
nnr
HIGH COURT
MSR,J
DATE: 08-08-2014
ORDER
W.P.M.P.NO. 28320 OF 2014
IN
W.P.NO. 22585 OF 2014
INTERIM DIRECTION
HIGH COURT
Nnr
Date of Drafting : 08-08-2014
MSR,J
DATE: 08-08-2014
ORDER
W.P.M.P.NO. 28320 OF 2014
IN
W.P.NO. 22585 OF 2014
INTERIM DIRECTION
BAALASUBRAMANNYAMM
(Expert) 20 September 2014
As the Chairman has already approached the High Court against the act of Directors and wherein an Interim Stay was granted. At this movement, the Directors are not entitled to file another "No Confidence Motion" against the Chairman. It is not maintainable under law. If it is dismissed on technical ground, then you can file another petition.But not now.
ajay sethi
(Expert) 20 September 2014
agree with Mr bala
Rajendra K Goyal
(Expert) 20 September 2014
Agree with the expert baala subrahmanyam.
Sudhir Kumar, Advocate
(Expert) 20 September 2014
The high court stay may be against a particular resolution or it may be global stay.
The querist is not disclosing the wording. So I am not able to agree or disagree.
