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1 - 8 of 8 (0.20 seconds)Section 245 in Andhra Pradesh Panchayat Raj Act, 1994 [Entire Act]
Andhra Pradesh Co-Operative Societies Act, 1964
The Meghalaya Co-operative Societies Act
K. Sujatha vs Government Of Andhra Pradesh And Anr. on 2 April, 2004
" 28. The purpose and object of giving notice of consideration
of no confidence motion is only to give due intimation to the members or
information of the proposed meeting. Therefore, the fact that a member
has got a shorter period of notice than fifteen clear days from the date of
receipt of the notice would not matter. When notice is sent by post and
the law permits the date of sending of notice to be treated as the date of
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delivery in that case obviously the period available to the member will be
shorter than fifteen clear days from delivery to meeting, therefore, there
is no reason why the Rule 3 be held to be mandatory as regards the
service of notice. Unless it is shown that the shortfall in the period of
notice of the meeting has caused some prejudice to the member, neither
the meeting nor the proceedings taken there under would be said to be
invalid. It is only in the eventuality of prejudice being shown that the
meeting or the proceedings taken thereunder can said to be invalid. The
Legislature has rightly not provided in the rule that non-compliance of
any shortfall in the notice would render the meeting or the proceedings
taken thereunder to be invalid.
Darnam Laxminarayana, S/O Sayanna And ... vs The Deputy Registrar Of Co-Operative ... on 9 April, 2013
7. From the above extracted legal position, this
Court is of the view that in the absence of any provision in the
Act or the Rules, either expressly or by necessary implication,
mandating service of copy of 'No Confidence Motion' along
with the notice to be served by the registrar to all the
members, it is not possible to hold that service of copy of 'No
Confidence Motion' must be read into the provisions of the
Act. As rightly held by this Court in Darnam
Laxminarayana's case (supra), when there is a minimum
time limit of 15 days between service of notice and date of 'No
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Confidence Motion', if the person against whom 'No
Confidence Motion' is moved or his supporters feel the
necessity of knowing the contents of the Motion, they will have
sufficient time to approach the Registrar with a request to
furnish a copy of 'No Confidence Motion' and other necessary
details regarding 'No Confidence Motion'. If such a request is
made, this Court feels that it is mandatory on the part of the
Registrar to furnish a copy of 'No Confidence Motion' and
other details relevant for the purpose of Motion to such
members. The Legislature has, obviously, assumed that as
such a facility is always available to the members, the
requirement of service of copy of 'No Confidence Motion' along
with the notice is not necessary.
Smt. Velpula Prasanthi vs The State Of Andhra Pradesh on 26 October, 2018
In Velpula Prasanthi's case (supra), it has been
held by this Court as under:
Y Raghava Reddy, vs The State Of Andhra Pradesh on 21 October, 2021
In Y. Raghava Reddy v. Government of Andhra
Pradesh 3, this Court held as under:
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