THE HONBLE Ms. JUSTICE G. ROHINI WRIT PETITION No.7251 of 2008 ORAL ORDER: The petitioner herein is the elected President of the Ponnekallu Primary Agricultural Co-operative Society, Thadikonda Mandal, Kadapa district. This writ petition is field seeking a declaration that the notice dated 25.3.2008 issued by the 1st respondent under Section 34-A of the A.P. Co-operative Societies Act, 1964, (for short, “the Act”) proposing to convene a meeting on 8.4.2008 for consideration of the no-confidence motion against the petitioner as arbitrary and illegal. It is primarily contended by the petitioner that the impugned notice under which the meeting was proposed to be conducted on 8.4.2008 was not in accordance with the requirement of Section 34-A of the Act which mandates 15 clear days notice for convening a meeting for consideration of the no-confidence motion. I have heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the 1st respondent and also the learned counsel for the Respondent Nos.2 to 12, who got themselves impleaded as parties. As could be seen from the material on record, the meeting for consideration of the no-confidence motion was convened on a requisition given by the Respondent Nos.2 to 12 herein who are also members of the Society. However, as per sub-section (3) of Section 34-A of the Act the date fixed for such meeting shall not be later than 30 days from the date of notice under which the intention to make the motion was delivered to the Registrar. Further the Registrar shall give to the members notice of not less than 15 clear days of such meeting. In the instant case, the impugned notice dated 25.3.2008 was issued convening the meeting on 8.4.2008. Thus, the mandatory requirement of 15 clear days notice as provided under Section 34-A of the Act, has not been satisfied. Hence, on the face of it, the impugned notice is illegal and accordingly the same is hereby set aside. However, the 1st respondent is granted liberty to issue a fresh notice on the basis of the requisition given by the Respondent Nos.2 to 12 and to take appropriate steps following due process of law. The Writ Petition is accordingly disposed of. No costs. 17.06.2008. Note: Issue CC in two days. (Bo) Kgr IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.7251 of 2008 Between: Nimmagadda Rajendra Prasad S/o. Subba Rao, aged about 50 years, R/o. Mothadaka Village, Thadikonda Mandal, Guntur District. ..... PETITIONER AND 1. The Deputy Registrar of Cooperative Societies, (FAC), Guntur, Guntur District. 2. Badala Ram Mohan Rao, S/o Malleswara Rao, Aged about 45 years, R/o Nidamukkala village, Tadikonda Mandal, Guntur District. 3. Kancharla Kanchaiah, S/o Seethayya, aged about 54 years, R/o Nidamukkala village, Tadikonda Mandal, Guntur District. 4. Tadigiri Navaratnam, W/o Dasu, aged about 53 years, R/o Ponnekallu, Tadikonda Mandal, Guntur District. 5. Shaik Johan Saheb, S/o Dada Saheb, aged about 70 years, R/o Pannekallu village, Tadikonda Mandal, Guntur District. 6. Pappulla Mallikarjuna Reddy, S/o Narayana Reddy, aged about 58 years, R/o Pannekallu village, Tadikonda Mandal, Guntur District. 7. Kumba Veeraswamy, S/o Venkatayya, aged about 60 years, R/o Ponnekallu village. 8. Gurram Koteswara Rao, S/o Krishna Murthy, aged about 52 years, R/o Pannekallu village, Tadikonda Mandal, Guntur District. 9. Koppula Chinnappa, S/o Noordu, aged about 48 years, R/o Latchannaguripudi village, Tadikonda Mandal, Guntur District. 10. Bontha Anjaneyulu, S/o Rosiyya, aged about 44 years, R/o Mukkamala village, Tadikonda Mandal, Guntur District. 11. Narlaboina Krishna Rao, S/o Prakasa Rao, aged about 34 years, R/o Mukkamala village, Tadikonda Mandal, Guntur District. 12. Kankanala Venkat Naga Raju, S/o Satyanarayana, aged about 28 years, Mothadaka village, Tadikonda Mandal, Guntur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ or direction the notice issued by the Respondent in Rc. No. 337/2008-B3 dt.25-3-2008 as illegal, and arbitrary and consequently set aside the same and pass such other or further order or orders as deem fit and proper in the circumstances of the case. Counsel for the Petitioner: Mr. P.GANGA RAMI REDDY Counsel for the Respondents : GP FOR CO-OPERATION Smt. Bobba vijayalakshmi (for R2 to R12) The Court made the following :