- (1.) Assailing the validity of the Resolution adopted by the Managing Committee of the first respondent at its meeting held on 23-11-1998, removing the petitioner as Secretary, this Writ Petition has been filed by the petitioner.
(2.) The principal contention raised by the petitioner in this Writ Petitionis that under Section 34-A of the Andhra Pradesh Co-operative Societies Act, 1964 (for short, the Act) no-confidence motion can be moved against the President or the Vice - President of the Committee, but not the Secretary of the Society. The petitioner being an elected Secretary and as the Statute does not provide for removal of the Secretary by way of no-confidence motion the Resolution adopted by the Managing Committee, is without jurisdiction and nullity in the eye of law.
(3.) I have gone through Section 34-A of the Act and other relevant provisionsfor disposal of the Writ Petition. It is true that Section- 34-A of the Act - introduced by Act 21 of 1985 which came into force with effect from 3-6-1985 - provides for passing of a motion expressing want of confidence in the President or the Vice - President of a Committee in accordance with the procedure laid down in that Section. Prinmta facie, the contention of Mr. D.V. Sitharam Murthy, learned Counsel for the petitioner, look attractive. But, if one goes through the provisions of the Act and the Rules made thereunder, it can be seen that under Section 32 (sic.30) of the Act the ultimate authority of the Society is vested in the general body and under sub section (2)(i), the general body of the Society is empowered to deal with the election and removal of the members of the Committee. AS per Section 31 of the Act, the general body has to constitute a Committee in accordance with the bye-laws and entrust the management of the affairs of the Society to such Committee. Under Section 31 (5) of the Act, for all classes of Co-operative Societies, the President of the Society has to be elected by members of the general body from among themselves in the manner prescribed. The President elected under this sub-section shall be an ex-officio member of the Committee. It is known fact that when once Managing Committee is constituted, day-to day affairs of the Society shall be managed by the Committee. Under Section 2 (b) of the Act, Committee is defined as a governing body of a Society by whatever name called, to which the management of the affairs of the Society is entrusted. Except the above provisions, the Act did not specify who are the office bearers in the Managing Committee of Society. It is only by way of an amendment in 1985, Section 34-A, was introduced which speaks of motion of no-confidence against President and Vice-President of the Committee.;