ELIPE DHARMA RAO, J.

1. The subject matter of the writ petition is with regard to conduct of elections in the Food Corporation of India (South Zone) Employees Co-operative Society Limited.

2. It is stated in the affidavit filed in support of the writ petition that the petitioner is the President of the Food Corporation of India (South Zone) Employees Co-operative Society Limited, who is the first respondent in the writ appeal. The petitioner-society is a society registered under the Multi State Co-operative Societies Act. The members of the Society are chosen from the employees of the Food Corporation of India, Southern Zone. As per the Multi State C-operative Societies Act, 2002 (hereinafter referred to as “the Act”), the elections have to be held once in five years under Section 45 of the Act.

3. The petitioner was elected to the Board of the petitioner-society in the election held for the period from 2004 to 2009. The election for the period 2009-2014 was due in the month of December, 2009. The five year period for the existing Board expired on 31.12.2009. As per the provisions of the Act, a Board meeting of the petitioner-society has to be held atleast sixty days prior to the five year term comes to an end.

4. On 24.9.2009, the petitioner-society’s board meeting was held and in the said meeting, Mr. P. Jayaprakasam, advocate was appointed as Returning Officer and on 30.10.2009, election programme was notified to hold election for the petitioner’s society. The Returning Officer made all arrangements for holding elections in compliance with the provisions of the Act and Rules thereof. At that point of time, a suit in O.S. No. 12081 of 2009 was filed by the third and fourth respondents in the writ petition before the learned V Assistant Judge, City Civil Court, Chennai, seeking the relief of declaration that the election programme dated 30.12.2009 issued by the Returning Officer is null and void and for other reliefs and the said Court granted ex parte interim injunction in I.A. No. 22905 of 2009.

5. As against the said order, the petitioner’s society filed a Civil Revision Petition before this Court and obtained stay of injunction order granted in I.A. No. 22905 of 2009. Subsequently, the Returning Officer proceeded with the election. At that point of time, the fifth respondent in the writ petition refused permission to hold election within their premises at different centres, where elections were to be held. However, the said Civil Revision Petition was dismissed by order dated 29.4.2010.

6. All of a sudden, the first respondent in the writ petition, on 1.4.2011, passed an order under the authority/power given to them under Section 45(6) of the Act to hold elections for the petitioner-society, thereby appointing the second respondent in the writ petition as Returning Officer. The second respondent notified the election programme in the newspaper on 26.4.2011 announcing election date as 12.5.2011. The first respondent or the second respondent have no authority to hold election under Section 45(6) of the Act.

7. In view of the above, the petitioner filed W.P. No.12280 of 2011 for issuance of a writ of certiorari, to call for the records pertaining to the impugned order No. L-11014/71/2010-L&M dated 1.4.2011 passed by the first respondent for conducting elections to the petitioner Society and consequently, to quash the appointment of the second respondent as Returning Officer by the first respondent and the second respondent’s election notification dated 26.4.2011 as illegal, null and void.

8. The contention of the petitioner is that the first respondent cannot exercise his powers to hold elections under Section 45(6) of the Act after the expiry of ninety days period from the date on which the election fell due i.e. 31.12.2009. The existing Board of the petitioner’s society had taken all steps and notified election for the next five year term. But, the attempts on the part of the existing board of the petitioner’s society to h