The main legal point established in the judgment is that the reservation provisions for Scheduled Caste candidates as per Section 32(3) of The Puducherry Co-operative Societies Act, 1972 must be followed in letter and spirit, and election should be the primary method for filling reserved seats.

The petitioner, who is working as Junior Accounts Officer in the Puducherry Electricity Department and a member of Co-operative Society from the Electricity Department, approached this Court, challenging the election notification issued by the third respondent for conducting the election for electing 9 Directors for the fourth respondent The Pondicherry Electricity Employees Co-operative Credit Society Limited.

2. The petitioner contends that he is actively involved in the affairs of the fourth respondent Co-operative Society and the election to the Society to elect 9 Directors under three categories, namely, Engineers and Draughts man-2, Bill Collector-1 and others 6 is to be conducted on 26.6.2016 and the same was notified by election notification issued by the fourth respondent on 30.5.2016. The said notification is challenged by the petitioner on the ground that Section 32(3) of The Puducherry Co-operative Societies Act, 1972 which provides reservation for Scheduled Caste candidates has not been followed.

3. Mr. D. Srinivasan, learned counsel appearing for the petitioner would contend that reservation for Scheduled Caste candidate has been provided by virtue of amendment to Section 32 of The Puducherry Co-operative Societies Act, 1972. Sub-section (3)(iii) of Section 32 speaks about the reservation of one seat to the Scheduled Caste if the Committee consist of not exceeding 9 members. However, without making any provision for reservation to the Scheduled Caste, election notification has been issued and therefore, it is liable to be quashed. The learned counsel for the petitioner relied upon a judgment of the Hon'ble Supreme Court in Babaji Kondaji Garad vs. Nasik Merchants Co-operative Bank Ltd, Nasik and others, (1984) 2 SCC 50.

4. Heard Mr. V. Venkatesan, learned Senior Central Government Standing Counsel appearing for the first respondent and Mr. A. Tamilvanan, learned Additional Government Pleader (Puducherry) appearing for respondents 2 to 4.

5. The learned Additional Government Pleader (Puducherry) for respondents 2 to 4 would submit that the election notification was issued on 30.5.2016 and the election has to be held on 26.6.2016 and therefore in the last minute, the election cannot be cancelled. He would further submit that there is a provision that if any of the Scheduled Caste candidate is not elected, the co-option provision would be invoked and a member would be co-opted as a Director and therefore, he seeks to dismiss the writ petition.

6. Heard the parties and perused the records.

7. No doubt, the election notification was issued on 30.5.2016. Though it is contended that belatedly the writ petition has been filed, a perusal of records would show that the writ petitioner approached this Court on 13.6.2016 itself. What is the material is whether the statute has been followed for conduct of the election. The election to the fourth respondent Co-operative Society has to be conducted as per the provisions of The Puducherry Co-operative Societies Act, 1972.

8. Section 32 of the Act speaks about the appointment of Committee. Sub-Section (3) of Section 32 of the Act was amended by virtue of The Puducherry Co-operative Societies (Amendment) Act, 2010 (Act 9 of 2010) which received assent of the Lieutenant Governor, Puducherry on 31.8.2010 and published in the Official Gazette on 27.9.2010 and came into force on 15.11.2011. It is useful to extract Section 32 of the Act as below:-

“32. Appointment of committee.-

(1) The management of a registered society shall vest in a committee constituted in accordance with the Act, the rules and the by-laws. It shall exercise such powers and perform such duties as may be conferred or imposed respectively by the Act, the rules and the by-laws :

Provided that, in the case of a society registered after the commencement of this Act, the persons who have signed the application to register the society may appoint a committee to conduct the affairs of the society for a period of three months