- (1.) This petition has been filed by the Chairman of Sahkari Ganna Samiti Limited, Faizabad. He is facing a No-Confidence-Motion the proposal whereof, is stated to have been signed by the requisite number of members. This proposal was forwarded to the District Magistrate, Faizabad who issued notice on 7th of April, 2017 fixing 28.04.2017 as the date of holding of the meeting for consideration of the aforesaid proposal of No-Confidence-Motion.
(2.) Apart from the other issues raised, the main ground of challenge is that the notice is in violation of the mandatory provisions of Rule 458 (1) of the Uttar Pradesh Cooperative Societies Rules, 1968. The same is reproduced below :- "458. (1) On receipt of the notice of no confidence as provided in Rules 456 and 457, the specified authority shall fix such time, date and place as, he may consider suitable for holding a meeting for the purpose of consideration of the proposed no confidence motion: Provided that such meeting shall be held within thirty-five days of the receipt of the notice of no confidence : Provided further that at least twenty-one day's notice shall be given for holding such meeting."
(3.) We had heard the matter on an earlier occasion and also passed an order yesterday extracted hereinunder :- "Heard the learned counsel for the petitioner and the learned standing counsel for the State and Shri Prasant Singh Atal for respondent no.10. The issue raised in this petition is about absence of an interval of 21 days from the date of issuance of notice to the members for holding the alleged 'No Confidence Motion' meeting against the petitioner. Prima facie, we find that only 20 days have expired and therefore, the proposed 'No Confidence Motion' meeting cannot be held on 28.4.2017. We therefore, restrain the District Magistrate from proceeding to hold the meeting. The learned counsel for the respondent no. 10 prays that the matter may be taken up tomorrow i.e on 25th of April, 2017 for further advancing the arguments. Put up tomorrow, i.e., 25.4.2017. Let a copy of this order be supplied to the learned counsel for the parties today itself. ";