- (1.) PALOK Basn, J. Sohan Singh has filed this writ petition under Article 226 of the Constitution of India praying that a writ in the nature of certiorari should issue quashing the impugned notice dated 25th January, 1996 passed by the Secretary, Cane Development Society Ltd. Nagina, district Bijnot (Annexure-1 to the writ petition ). The further prayer is that the respondents, i. e. , the District Magistrate, Prescribed Authority under the Co-operative Societies Act, 1965 (for short, the Act) and the Sub-Divisional Magistrate, Nagina, Bijnore be commanded by a writ of mandamus not to hold any meeting in pursuance of the notice which had been fixed on 8-2-1996. Admittedly this meeting was adjourned to 22-2-1996 whereafter an interim order has been passed by this Court staying the meeting, on entertaining this writ petition.
(2.) WHEN this writ petition was filed on 2-2-1996 the learned standing Counsel appearing on behalf of the opposite parties was granted time to file counter-affidavit of obtain instructions and inform the Court about the actual date of the notice or the order of the District Magistrate calling the meeting. On 7-2- 1996 when this matter came up it was observed : "it is said that notice of this writ petition having been already given on 31-1-1996 the learned Standing Counsel put a blank when the case was taken up day before yesterday as well as yesterday. As a last resort twenty-four hours' further time was granted to contact the opposite parties officers and obtain instructions and inform the Court accordingly when the case was scheduled to be taken up, i. e. , today. Sri S. G. Hasnain, learned Standing Counsel has informed the Court that he made attempts to send Fax message to the opposite parties and also to contract them on telephone but he failed. Under the circumstances, there is no alternative but to act upon tentatively relying upon the affidavit sworn along with writ petition as also the supplementary affidavit filed on 6-2-1996. " Thereafter In the interest of justice an order was passed staying the said meeting scheduled to be held on 8-2-1996. In the meantime, however, Sri Devendra Pratap, learned counsel for the petitioner filed a supplementary affidavit in which a clear averment was made in paragraph No. 3 that the petitioner has neither received the copy of the meeting of no-confidence nor he has received the letter of Sub- Divisional Magistrate dated 24-1-1996. In paragraph No. 4 thereof it has been averred that the petitioner only received a notice dated 25-1-1996 on 27-1-1996 which has been annexed as Annexure-1 to the writ petition. Before the case was taken up on the last date Sri Shashi Nandan, Advocate has put in appearance on behalf of the opposite party No. 3, I. E. Secretary, Cane Development Society Ltd. Nagina, district Bijnor. Sri Shasl Nandan Informed the Court that he was filing only the certified copies of the orders of the District Magistrate which were passed, one on the application to convene a meeting of no confidence motion against the petitioner and the other on a separate paper. He has been permitted to do so. As further requested by Sri Shashi Nandan, he has permitted to argue the matter without filing counter- affidavit on behalf of the opposite party No. 3. Likewise, Sri Tej Ram, learned Standing Counsel has also argued the matter on behalf of other opposite parties without filing any counter-affidavit.
(3.) AS jointly requested by the learned counsel for the parties this writ petition is being disposed of finally at the time of admission. The admitted facts are that the petitioner Sohan Singh was elected Director of the Cane Development Society Ltd. Nagina, district Bijnor (for short, the Society) on 29-11-1994 and then was elected the Chairman of the Society on 30-11-1994. Omitting the other averments in the writ petition which are not necessary for the decision of the prayers noted above it may be stated that the petitioner's case is that on 27-1-1996 he received a notice for holding a meeting for considering a no confidence motion against the petitioner which was to be convened on 8-2-1996. A copy of the notice was filed as Annexure-1 to the writ petition. The original as received by the petitioner was also taken on record and has been put under sealed cover. Since the notice and the contents are now admitted to Sri Shashi Nandan, the Office is directed to remove the sealed cover and main tain the original notice as a part of the record.;