Between:
HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY
Writ Petition No.33090 of 2014 Date:06.11.2014
Yerpula Sudarshan, S/o Y.Papaiah And The State of Telangana, reptd., by its Principal Secretary, Agriculture and Co-Operation Department, Hyderabad and three others.
Counsel for the petitioner: Sri K.Lakshman .. Petitioner .. Respondents Counsel for respondent Nos.1 to 3: AGP for Co-Operation (Telangana State) The Court made the following:
ORDER:
The only grievance of the petitioner, who is the Chairman of the Managing Committee of respondent No.4-society and who is facing No Confidence Motion scheduled to be held on 07.07.2014, is that despite his specific requests made to respondent Nos.2 and 3, copy of No Confidence Motion has not been supplied to him.
At the hearing, Sri K.Lakshman, learned counsel for the petitioner, has relied upon the judgment of this Court in D.Laxminarayana Vs. Deputy Registrar of Co-Operative Societies[1] in support of his submission that the petitioner is entitled to be supplied with a copy of No Confidence Motion.
A perusal of the said judgment shows that while holding that enclosure of No Confidence Motion along with the notice issued under Section 34-A of the Andhra Pradesh Co-Operative Societies Act, 1964, is not mandatory, this Court in paragraph No.16 held as under:
“There is another angle from which this issue needs to be examined.
There is a minimum time limit of 15 days between the service of notice and the date of No Confidence Motion. If the persons against whom the No Confidence Motion is moved or his supporters feel the necessity of knowing the contents of the Motion, they will have sufficient time to approach the Registrar with a request to furnish a copy of No Confidence Motion and other necessary details regarding the No Confidence Motion. If such a request is made, this Court feels that it is mandatory on the part of the Registrar to furnish a copy of No Confidence Motion and other details relevant for the purpose of Motion to such members. The Legislature has, obviously, assumed that as, such a facility is always available to the members, the requirement of service of copy of No Confidence Motion along with the notice is not necessary.”
In support of his plea that he has moved respondent Nos.2 and 3 with written requests for supply of copy of the No Confidence Motion, the petitioner has filed copies of letters, dated 30.10.2014 and 24.10.2014, addressed to respondent Nos.2 and 3, respectively.
Learned Assistant Government Pleader for Co-Operation (Telangana State) submitted that respondent No.3 will forthwith supply a copy of No Confidence Motion to the petitioner.
In the light of the above, respondent No.3 is directed to forthwith supply a copy of No Confidence Motion moved against the petitioner before 5 pm today under acknowledgment.
Learned counsel for the petitioner submitted that he will instruct his client to meet respondent No.3 before 5 pm today.
Subject to the above direction, the Writ Petition is disposed of.
As a sequel, WPMP.No.41401 of 2014, filed by the petitioner for interim relief, is disposed of as infructuous.
(C.V.NAGARJUNA REDDY, J) 06h November 2014 Note:
Learned AGP for Co-Operation (TG) is directed to communicate the purport of this order to respondent No.3 to ensure that a copy of No Confidence Motion is served on the petitioner.
B/o dr
[1]
2013 (4) ALD 629