WP/27644/2007 of Smt. Yeduvaka Satyavathi W/o Sanyasi Naidu Vs The Joint Registrar/district Co-op Officer VUDA Complex, on 27 December 2007

O r d e r:

The petitioner, who is the President of Govada PrimaryAgricultural Society, has filed this writ petition assailing the notice ofno-confidence motion dated 07.12.2007 contending that the same hasbeen issued by respondent No.2 in violation of the proviso appendedto Rule 24-A(3) of the A.P. Co-operative Societies Rules, 1964.

The learned counsel for the petitioner submits that the area ofoperation of respondent No.3-Govada Primary Agricultural Society(hereinafter referred to as ‘the Society’) covers six villages, namelyGovada, Amberupuram, Venkannapalem, Ganduvatam, Adderu,Duddupalen and Vaivaiti hamlet of the villages. As per the provisionsof Rule 24-A(3) of the A.P. Co-operative Societies Rules, 1964(hereinafter referred to as ‘the Rules’) and the proviso appendedthereto, the copy of the notice shall be affixed on the notice board ofthe society and also on the notice board of the office of the Registrar,and if the area of operation of the society extends to more than onePanchayat or Mandal, the notice of no confidence shall be affixed onthe notice boards of all the Panchayat Offices or Mandal Offices. It isthe case of the petitioner that respondent No.3, except affixing the copyof the notice of no confidence motion on the notice board of GovadaGram Panchayat, has neither affixed the copies of the same on thenotice boards of other five Gram Panchayats nor on the notice boardsof the Registrar nor the Mandal Offices, and since there is incompleteservice of notice, the impugned notice of no confidence is liable to beset aside.

On the other hand, the learned Assistant Government Pleaderfor Co-operation appearing on behalf of respondent Nos. 1 and 2submitted that Rule 24-A(2) of the Rules contemplates effecting ofservice of notice in any of the modes mentioned therein. RespondentNo. 2, apart from effecting service of notice of no confidence bysending it by registered post to the address of all the Directors asprovided under Rule 24-A(2)(b) of the Rules, has also effected serviceof notice by affixing/displaying the same on the notice board ofrespondent No.3-Society as also Govada Gram Panchayat. Thepetitioner having failed to show any prejudice having been caused toher by non-affixation of the notice on the notice boards of all the GramPanchayats, cannot be allowed to contend that the impugned notice ofno confidence, is liable to be set aside.

Heard the learned counsel for the petitioner and the learnedAssistant Government Pleader for Co-operation for respondent Nos. 1 and 2.

Rule 22-A(2) of the Rules provides for service of notice in any ofthe modes mentioned therein – (a) by giving or tendering it to suchperson; or (b) by sending it by registered post to their addresses, andapart such effective of service of notice, Rule 22-A(3) of the Rules, provides the notice shall be affixed on thenotice board of the society and also on the notice board of the Office ofthe Registrar, and if the area of society extends to more than onePanchayat or Mandal Office, the notice shall be affixed in allPanchayat Offices or Mandal Offices.

The persons who are entitled to participate in the meeting of noconfidence and vote either in favour or against the motion, thepetitioner cannot dispute, are the Directors of the society, and it issubmitted by the learned Assistant Government Pleader and admitted to by the learned counsel for the petitioner, that notice of no confidencewas served on all the Directors of the society, including the petitioner,who happens to be its President, and against whom the impugnedmotion of no confidence has been moved, and that it was also affixedon the notice board of the society, where it .

No doubt the area of operation of respondent No.3-societyextends to six villages, and as per the proviso appended to

Rule 24-A(3) of the Rules, the notice shall be affixed in the noticeboards of all the Gram Panchayats, but inasmuch as it is the admittedcase of the petitioner that all the persons who are eligible to participateand vote for or against the motion, were served with the notice withintime, and that the notice was also affixed on the notice board of thesociety for information of all the members. The petitioner, againstwhom the motion of no confidence has been moved, having failed toshow any prejudice having been caused to her by non-affixation of thenotice on the notice boards of all the village Gram Panchayats, towhich areas the operations of the society extend, cannot be allowed tocontend that the impugned notice of no confidence, has to be setaside.

There is no merit in the writ petition, and the same isaccordingly dismissed.

Date: 27[th] December, 2007.

KSR

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N.V. RAMANA, J.