- (1.) BY its resolution dated 22nd October, 1991 a Cooperative Society passed a motion of no -confidence in the Petitioner as a Chairman of that society. In the same meeting a successor to the Petitioner was elected. The legality of both the transaction is being questioned in the present petition.
(2.) THE "specified authority" convened the meeting of the Co -operative Society on 22nd October, 1991. He nominated one Shri A.K. Singh as the officer to preside over the said meeting. Time and place of the meeting was fixed. All the fourteen members of the society were present in the meeting. The motion of no -confidence was put to vote. It was carried by a majority. The result of the voting was announced. Thereafter the successor of the Petitioner was elected.
(3.) THE following submissions have been made in support of this petition. (1) The notice convening the meeting on 22nd October, 1991 did not provide that in the event of the no -confidence motion being duly carried. The election of the new Chairman should be held in the same meeting (Rule 458(2). Hence no valid meeting took place in the eye of law (2) In any view of the matter, the election of the successor was bad for what of notice under Rule 458(2), (3) The Petitioner was not given due notice of the meeting of 22nd October, 1991. We shall deal with these submission seriatim. Sub -rule (1) Rule 458, inter alia, provides that the specified authority shall convene a meeting for the purpose of consideration of the proposed no -confidence motion. The proviso to it enjoins that at least thirty days notice shall be given for such meeting. Sub -rule (2) posits that the notice for meeting under Sub -rule (1), shall also provide that in the event of the no -confidence motion being duly carried, election of the new chairman shall also be held in the same meeting Sub -rule (1) of Rule 459 lays down, inter alia , that the specified authority shall also nominate any gazetted Government Servant to act as a Presiding Officer of the meeting in which the resolution for no -confidence shall be considered. Rule 461 says that when a resolution for no -confidence is carried, the Chairman against whom it is carried shall cease to hold that office forthwith and shall be succeeded by his successor, who shall be elected by another resolution in the same meeting. Rule 462 says, inter alia that election of the new Chairman under Rule 461, shall be conducted in the meeting under the chairmanship of the Presiding Officer referred to in Rule 459.;