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2008 Supreme(Mad) 1543
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR
Dr. P. Rajaji
Versus
The State of Tamil Nadu, rep. by its Secretary to the Government
W.P.Nos.24684 of 2007, M.P.No.2 of 2007, W.P.No.24424 of 2007, M.P.Nos.2 & 3 of 2007, W.P.No.24746 of 2007 & M.P.Nos.2 & 3 of 2007
Decided on : 03-06-2008
For the Petitioner:R. Muthukumaraswamy, Senior Counsel, A. Jenasenan, G. Ethirajulu, Advocate.
For the Respondent:K. Ramaswamy, Addl. Advocate General, I. Paranthaman, Addl. Govt. Pleader.
The main legal point established in the judgment is that the Government, under section 182 of the Tamil Nadu Co-Operative Societies Act, 1983, has the power to cancel elections in public interest.
Headnote:
Election - Tamil Nadu Co-Operative Societies Act, 1983 - 33(10)(aa), 33(3), 33(11)(b), 182(1) - The court dismissed the writ petitions challenging the cancellation of elections to Co-Operative Societies and Banks by the Government. The Government, under section 182, has the power to cancel elections in public interest. The decision was found just and reasonable in the light of the legal principles established in previous judgments. The court held that the cancellation was legal and valid, and directed the Government to notify new dates for holding fresh elections.
Fact of the Case:
The writ petitions challenged the cancellation of elections to Co-Operative Societies and Banks by the Government. The petitioners were elected as Board of Directors, but the Government ordered to cancel the elections due to alleged irregularities and malpractices in the election process.
Finding of the Court:
The court found that the Government, under section 182 of the Tamil Nadu Co-Operative Societies Act, 1983, has the power to cancel elections in public interest. The decision was found just and reasonable in the light of the legal principles established in previous judgments. The court held that the cancellation was legal and valid, and directed the Government to notify new dates for holding fresh elections.
Issues: The main issue was whether the Government had the power to cancel elections to Co-Operative Societies and Banks in public interest.
Ratio Decidendi: The court held that the Government, under section 182 of the Tamil Nadu Co-Operative Societies Act, 1983, has the power to cancel elections in public interest. The decision was found just and reasonable in the light of the legal principles established in previous judgments.
Final Decision: The court dismissed the writ petitions challenging the cancellation of elections to Co-Operative Societies and Banks by the Government. The Government was directed to notify new dates for holding fresh elections.
By consent of both parties, the writ petitions are taken up for final disposal.
2. The common prayer in W.P.Nos.24424 and 24684 of 2007 is to quash the G.O(2D) No.76, Co-Operation, Food and Consumer Protection Department, dated 17. 2007 and direct the respondents 2 and 3 to constitute the Board of Directors, elected in the election held on 17. 2007 for the 4th respondent Society.
3. In W.P.No.24746 of 2007 the prayer is to quash the G.O (2D)No.76, Co-Operation, Food and Consumer Protection Department, dated 17. 2007 and the consequential order dated 17. 2007 passed by the third respondent and direct the respondents 2 and 3 to constitute the Board of Directors elected in the election held on 17. 2007 for the 4th Respondent Noganoor Primary Agricultural Co-operative Bank Limited, Krishnagiri.
4. The subject matter in W.P.Nos.24424 and 24684 of 2007 are relating to the election held for the Madras Advocate Co-Operative Society Limited, High Court, Chennai -600 104 and the subject matter in W.P.No.24746 of 2007 is with regard to the election conducted for Noganoor Primary Agricultural Co-operative Bank Limited, Krishnagiri. Since the issue involved in all these cases are one and the same, viz., cancellation of election to the Board of Directors of the respective Co-Operative Society Limited/Co-Operative Bank Limited, all these cases are disposed of by this common order.
5. The brief facts necessary for disposal of these writ petitions are as follows:
(i) The Madras Advocates Co-Operative Society Limited and Noganoor Primary Agricultural Co-Operative Bank Limited are Co-Operative Societies registered under the Tamil Nadu Co-Operative Societies Act, 1983. The Madras Advocates Co-Operative Society comprises of the advocates practising in various Courts and it is running a canteen for the benefit of the advocates in the High Court campus. The Society is governed by a set of bye-laws and the Tamil Nadu Co-Operative Societies Act, 1983 and the Rules, 1988. The management of the Society vests with the Board of Directors, comprising of 11 members, to be elected by the General Body, once in five years. The elected Board of Directors in turn will elect the office bearers comprising of President, Vice-President, Secretary and Treasurer of the Society.
(ii) The election to the Co-Operative Societies in the State of Tamil Nadu have not been conducted for a long period and the management of the Societies vested with the Special Officers, appointed under the Tamil Nadu Co-Operative Societies Act, 1983. The Special Officers, appointed to manage the Societies held their office for a limited period, extended from time to time.
(iii) On 14. 2007, the Government of Tamil Nadu issued orders to conduct elections to all the Co-Operative Societies in the State, commencing from 6. 2007 under the provisions of the Act and Rules. The Registrar of Co-Operative Societies, Chennai, initiated action to conduct elections in various Co-Operative Societies including the respondent Society in W.P.Nos.24424 and 24648 of 2007, the membership of which is confined only to the advocates.
(iv) Nominations were called for to elect 11 persons as Board of Directors, for which 31 advocates filed their nominations and two of them withdrew their nominations and 29 advocates contested for 11 Board of Directors. The election was held on 17. 2007 and concluded at 4.00 p.m. After completion of the polling, counting of votes commenced and after completing the counting, results were announced by the 4th respondent declaring 11 persons as duly elected Board of Directors, including the petitioners in W.P.No.24684 and 24424 of 2007.
(v) Insofar as the Noganoor Primary Agricultural Co-Operative Bank Limited, Krishnagiri, is concerned, pursuant to the directions issued by the Government and the Registrar of Co-Operative Societies, Chennai, the third respondent issued election notification on 6. 2007 inviting nominations for election to the post of seven Board of Directors to b
