Siya Devi and Another Vs. State of U.P. and Others

Siya Devi and Another vs State of U.P. and Others

Type Court Judgment Court Allahabad Decided Dec 07, 2000

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https://sooperkanoon.com/case/454874

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Citation: sooperkanoon.com/454874
Court: Allahabad High Court
Judge: S.K. Sen, C.J. and ;S.R. Alam, J.
Decided On: Dec 07, 2000
Case Number: C.M.W.P. No. 50751 of 2000
Subject: Trusts and Societies

Case Summary

AI-generated summary - not the official court judgment text.

Trusts and Societies - calling of meeting - petitioner challenging further meetings of members of Board of Directors directed by District Magistrate - meeting called within 6 months from previous meeting in violation of Rule 464 - Rule 464 bars any meeting concerned for considering no-confidence motion within 6 mont...

Key legal issue: Trusts and Societies
Acts & sections: U.P. Co-operative Societies Rules, 1968 - Rule 464

Parties & Advocates

Appellant / Petitioner

Siya Devi and Another

Advocate Ram Avtar Verma, Adv.

Respondent

State of U.P. and Others

Advocate S.C., ;H.M. Srivastava and ;V.S. Rajput, Advs.

Legal References

Acts: U.P. Co-operative Societies Rules, 1968 - Rule 464
Reported In: 2001(1)AWC375; (2001)2UPLBEC1392

Excerpt

trusts and societies - calling of meeting - petitioner challenging further meetings of members of board of directors directed by district magistrate - meeting called within 6 months from previous meeting in violation of rule 464 - rule 464 bars any meeting concerned for considering no-confidence motion within 6 months from previous - held, petitioner to be given benefit of rule 464. - shyamal kumar sen, c.j.1. heard learned counsel for the parties.2. in the instant writ petition, the petitioner is aggrieved by further calling of the meeting of the members of board of directors by the district magistrate. according to the petitioner, further calling of the meeting within three months is contrary to rule 464 of the u. p. co-operative societies rules, 1965 (hereinafter referred to as the act) which provides as follows :'464. if the motion for no confidence fails for want of quorum or lack of requisite majority at the meeting, no subsequent meeting for considering the motion of no-confidence shall be held within six months of the date of the previous meeting.'3. it appears on proper interpretation of rule 464 of the rules that if the motion for no-confidence fails either for want of quorum or lack of requisite majority, there is no scope for calling any subsequent meeting for considering motion of no-confidence again within six months from the date of the previous meeting. in view of the specific bar provided in the aforesaid rule 464 of the rules, district magistrate has no power to call another meeting within a period of six months if the meeting falls either for want of quorum or lack of requisite majority. in the instant case, a meeting admittedly took place on september 25, 2000. the district magistrate has again called a meeting on december 7, 2000. it appears that at the said meeting, vote of confidence could not be passed against the petitioner. admittedly, six months-period has not expired. in that view of the matter, calling of the said meeting by the district magistrate is without jurisdiction and contrary to rule 464 of the said rules.4. accordingly, we allow the writ petition and set aside the order-dated 7/13.11.2000 passed by the district magistrate.5. no order as to costs.

Full Judgment

Shyamal Kumar Sen, C.J.

1. Heard learned counsel for the parties.

2. In the instant writ petition, the petitioner is aggrieved by further calling of the meeting of the members of Board of Directors by the District Magistrate. According to the petitioner, further calling of the meeting within three months is contrary to Rule 464 of the U. P. Co-operative Societies Rules, 1965 (hereinafter referred to as the Act) which provides as follows :

'464. If the motion for no confidence fails for want of quorum or lack of requisite majority at the meeting, no subsequent meeting for considering the motion of no-confidence shall be held within six months of the date of the previous meeting.'

3. It appears on proper interpretation of Rule 464 of the Rules that if the motion for no-confidence fails either for want of quorum or lack of requisite majority, there is no scope for calling any subsequent meeting for considering motion of no-confidence again within six months from the date of the previous meeting. In view of the specific bar provided in the aforesaid Rule 464 of the Rules, District Magistrate has no power to call another meeting within a period of six months if the meeting falls either for want of quorum or lack of requisite majority. In the instant case, a meeting admittedly took place on September 25, 2000. The District Magistrate has again called a meeting on December 7, 2000. It appears that at the said meeting, vote of confidence could not be passed against the petitioner. Admittedly, six months-period has not expired. In that view of the matter, calling of the said meeting by the District Magistrate is without jurisdiction and contrary to Rule 464 of the said Rules.

4. Accordingly, we allow the writ petition and set aside the order-dated 7/13.11.2000 passed by the District Magistrate.

5. No order as to costs.

Same Court & Year Allahabad · 2000 Same Parties Siya Devi and Another vs State of U.P. and Others Same Subject Trusts and Societies Same Judge S.K. Sen, C.J. and ;S.R. Alam, J. Acts & Sections U.P. Co-operative Societies Rules, 1968 - Rule 464

Trusts and Societies