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2017 Supreme(Mad) 3708
IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Krishna Kumar, J.
S. Mathuram – Appellant
Versus
Deputy Registrar of Cooperative Societies – Respondent
W.P. No. 16273 of 2014 and M.P. No. 1 of 2014 and WMP. No. 6700 of 2017
Decided On : 20-06-2017
For the Petitioner:Mr. M.S. Palaniswamy, Advocate
For the Respondent:Mr. L.P. Shanmugasundaram, Special Government Pleader, Mr. R. Krishnamoorthy, Advocate
Headnote:
Tamil Nadu Cooperative Societies Rules, 1988 - Rule 62 (3) - On receipt of such notice, the petitioner submitted his explanation - Petitioner was elected as Vice President of the third respondent society and he assumed Office - While that being the position, the first respondent served notice based on the requisition letter submitted by other elected members of the third respondent society - Held, As already decided, to comply with Rule 63(2), the requirement of 3 clear days between the date of dispatch of notice and the date of meeting should be satisfied - In this case, the said condition is also satisfied - Therefore the contention of the learned counsel for the respondents that there was more than three clear days between the date of notice and the date of meeting is accepted - Hence, in the light of the decisions cited supra, this Court comes to the conclusion that the respondents have complied with the procedures contemplated under Rule 62 (3) of the Tamil Nadu Cooperative Societies Rules and hence, there is no violation of Rule 62(3) of the Tamil Nadu Co-operative Societies Rules - Petition dismissed.
D. Krishna kumar, J.
This Writ petition is filed seeking to quash the notice dated 17.06.2014 issued by the second respondent.
2. The brief facts of the case of the petitioner are as follows.
The petitioner was elected as Vice President of the third respondent society on 06.05.2013 and he assumed Office on 08.05.2013. While that being the position, the first respondent served notice dated 25.05.2014 based on the requisition letter dated 15.05.2014 submitted by other elected members of the third respondent society. On receipt of such notice, the petitioner submitted his explanation on 02.06.2014. On receipt of the reply submitted by the petitioner, the first respondent has authorised the second respondent to convene a special meeting of the Board of Directors to facilitate "No Confidence Motion" against the writ petitioner. The second respondent issued a notice dated 17.06.2014 informing the petitioner about convening of special meeting of the Board of Directors on 23.06.2014 at 05.45 p.m. in the Office of the Society. The aforesaid notice was received by the petitioner on 20.06.2014. Under Rule 62 (3) of the Tamil Nadu Cooperative Societies Rules, 1988 a special meeting of the Board of the society, for consideration of resolution expressing 'No Confidence Motion' in the office bearer, should be conducted within 30 days from the date of receipt of such requisition from the elected members, for which not less than three clear days' notice shall be given. Therefore, in the present case, the date fixed by the respondents is beyond the time prescribed under Rule 62 (3) of Tamil Nadu Co-operative Societies Rules, 1988 and further no three clear days' notice has been issued. Challenging the impugned notice dated 17.06.2014, the petitioner has filed the present Writ Petition before this court.
3. The brief facts of the case of the respondents are as follows:-
The election of the Board of Directors of the society was conducted in the month of April 2013 and 13 Directors were elected by the members of the society and the Petitioner was elected as Vice President of the Society. There was a conflict between the Petitioner and the rest of the members of the Board. Hence, the 9 members of the Board sent a requisition letter on 15.05.2014, which was received in the Office of the first respondent on 27.05.2014, requesting the first respondent to remove the Petitioner from the post of Vice-President, by bringing 'No Confidence Motion'. On receipt of the said requisition letter, the first respondent has sent a copy of letter received from the aforesaid 9 members of the Board of the Society to the petitioner and requested him to offer his remarks within 7 days of receipt of the said letter dated 29.05.2014 as per rule 62 (2) of Tamil Nadu Co-operative Societies Rules, 1988. The petitioner, on receipt of the said letter, has replied by his letter dated 02.06.2014 and the same was received by the first respondent on 06.06.2014. The first respondent, in his order dated 16.06.2014, as per the provisions of Rule 62 (4) of Tamil Nadu Co-operative Societies Rules 1988, authorised Thiru.K.Somasundaram, Co-operative Sub-Registrar (second respondent) to conduct and preside over the special meeting, on the basis of the requisition letter made by the Board of Directors. The second respondent issued such notice on 17.06.2014 and the same was served on the petitioner on 20.06.2014, for the meeting to be held on 23.06.2014. Hence, there are five clear days between the date of notice and the date of meeting, as laid down in Rule 62 (3) of the Tamil Nadu Cooperative Societies Rules, 1988. Hence, the Writ Petition is liable to be dismissed.
4. Heard the learned counsel appearing for the petitioner, learned Special Government Pleader appearing for the respondents 1 and 2 and the learned counsel appearing for third respondent.
5. The learned counsel for the petitioner would submit that the impugned notice issued by the respondents is liable to be quashed, mainly on
