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High Court for State of TelanganaWP/26957/2008dismissed no costs

A.Siva Kumar v. The Divisional Cooperative Officer,Chittoor

2016-02-11Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.26957 of 2008 Between:

A. Siva Kumar PETITIONER AND

1. The Divisional Cooperative Officer, Chittoor, and others. RESPONDENTS

ORDER:

This writ petition is filed questioning the proceedings dated 26.11.2008 issued by the 1st respondent-Divisional Cooperative Officer, Chittoor, proposing to conduct meeting on 17.12.2008 at 11.00 am., as requested by nine directors of the Primary Agricultural Cooperative Society, Patrapalle, expressing no confidence in the petitioner.

The case of the petitioner is that the members, who moved no confidence against the petitioner, gave a representation to the 1st respondent by obtaining the signatures of nine Directors, in which five signatures are forged. As the letter of intention to move no confidence motion shall contain the signatures of at least six Directors, but they have forged signatures of three members, the respondents 2 to 5 are liable for Criminal action.

This Court while ordering Rule Nisi on 11.12.2008, after hearing the learned counsel for the petitioner, learned Government Pleader and learned counsel appearing for contesting respondents 2 to 5, did not stay the proposed no confidence motion, however, the resolutions passed thereat were ordered to be not given effect to for a period of three weeks.

In as much as the very term of the office itself is two years and on account of the interim orders passed by this Court the resolution passed were not given effect to as on date, no useful purpose would

be served in keeping the writ petition pending since the purpose for which the writ petition is filed has been achieved indirectly. Accordingly, the writ petition is dismissed. As a sequel, pending miscellaneous petitions, if any, shall also stand closed. No order as to costs.

_____________________ CHALLA KODANDA RAM, J.

11th February, 2016 Js.

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