Shiv Kant Upadhayay vs State of U.P.and Others

Shri Ajay Singh appears for the petitioner and Shri Sabhajit Yadav appears for the respondents and they are heard on the question of admission and stay.

By means of this writ petition, the petitioner seeks a writ in the nature of certiorari quashing the order dated 1071996 as contained in Annexure 10 to this writ petition whereby a notice of no confidence motion under Rule 458 of the U. P. Cooperative Societies Rule, 1968 (hereinafterreferred as the Rules) has been issued against the petitioner.

On receipt of the notice of no confidence motion as provided in Rules 456 and 457 the District Magistrate, Allahabad has fixed 5896 for holdings a meeting for the purpose of consideration of the proposed noconfidence motion, against the petitioner.

Rule 458 contemplates that at least 30 days notice shall be given for such meeting. The date for no confidence motion is fixed as 581996 but the notice was issued on 10th July, 1996. Thus a clear 30 days notice has not been given to the members of the society for holding a meeting. Therefore Rule 458 has not been complied with while issuing a notice of no confidence motion.

In this situation, this court is left with no option except to quash the notice. The notice is hereby quashed and the petition is allowed.