THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 19654 OF 2008 O R D E R: The petitioners are President and Vice-President, respectively, of the Fishermen Cooperative Society, Kanigiri of Prakasam District. The 3rd respondent issued urgent notice dated 23.8.2008, proposing to convene the meeting of the Managing Committee of the society on 12.9.2008, to discuss a motion of No-conﬁdence, against the petitioners. The same is challenged in this writ petition. Heard the learned counsel for the petitioners and learned Government Pleader for Fisheries. The impugned notice is issued by the 3rd respondent, on the strength of a requisition said to have been given by 7 members of the Managing Committee of the society. Section 34-A of the A.P. Cooperative Societies Act, 1964 (for short “the Act”) prescribes the procedure to be followed, in the matter of taking up the motion of No-conﬁdence against the President or Vice-President of the Committee. Sub- sections (1) and (2), which are relevant for this purpose, read as under: “(1) A motion expressing want of conﬁdence in the President or the Vice- President of a Committee may be made in accordance with the procedure laid down in the following sub-sections. (2) A written notice of intention to make the motion, in such form as may be prescribed, signed by not less than one-half of the total number of members of the Committee together with a copy of the proposed motion shall be delivered in person, by any two of the members signing the notice, to the Registrar having jurisdiction over the Society. Explanation:- For the removal of doubts, it is hereby declared that for the purposes of this section, the expression “total number of members of the Committee” shall mean the total number of elected members inclusive of its President and Vice-President but irrespective of any vacancy existing in the oﬃce of members at the time of meeting.” From this it becomes clear that apart from issuing a written notice of their intention to make a motion, the intending members shall enclose a copy of the proposed motion, and it is only then, that the Registrar can take cognizance of the notice and take further steps. In the instant case, though 7 members are said to have submitted a representation to convene a meeting, to express No-conﬁdence against the petitioners, they did not enclose a copy of the proposed motion. Therefore, there is a serious lacuna in the proceedings initiated under Section 34-A of the Act. On this short ground, the writ petition is allowed, and the impugned notice is set aside. It is, however, left open to the members of the Managing Committee, as well as the respondents herein, to take steps against the petitioners, in accordance with law. There shall be no order as to costs. _____________________ 9th September 2008 Note: Issue C.C. by tomorrow. (B/o) PAN