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2018 Supreme(Mad) 1065
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
INDIRA BANERJEE, J. NISHA BANU, JJ.
A. Arumugam – Petitioner
Versus
The District Election Officer for Co-operative Societies, Madurai – Respondent
W.P. (MD) No. 7405 of 2018 and W.M.P. (MD) Nos. 7083, 7084 of 2018
Decided On : 05-04-2018
For the Petitioner: D. Srinivasaragavan.
For the Respondents: K. Chellapandian, A.K. Baskara Pandian.
The Registrar's decision is crucial in cases of member disqualification under the Co-operative Societies Act, and the court's jurisdiction in election matters is limited.
Headnote:
Voters List - Challenge to Voters List for Co-operative Society Election - Tamil Nadu Co-operative Societies Act, 1983, Section 23, Section 24(4), Co-operative Societies Rules, 1988, Rule 35 - The court discussed the disqualification of members under Section 23 of the Co-operative Societies Act and the role of the Registrar in deciding membership. The court also referred to relevant judgments regarding the jurisdiction of the court in election matters and emphasized the need for the Registrar's decision in disqualification cases.
Fact of the Case:
The petitioner challenged the voters list for the election to a Co-operative Society, alleging wrongful exclusion of members and rejection of objections. The Co-operative Society had disqualified the petitioner under Section 23 of the Co-operative Societies Act.
Finding of the Court:
The court declined to interfere with the ongoing elections but directed that disqualified members should be allowed to vote if no decision had been taken by the Registrar of Co-operative Societies regarding their disqualification.
Issues: Challenge to voters list, disqualification of members, jurisdiction of the court in election matters
Ratio Decidendi: The court emphasized the need for the Registrar's decision in disqualification cases and clarified the jurisdiction of the court in election matters.
Final Decision: The Writ Petition was disposed of with no costs, and the elections were allowed to continue with the direction to allow disqualified members to vote if no decision had been taken by the Registrar of Co-operative Societies regarding their disqualification.
Indira Banerjee, J.
1. This Writ Petition, by way of Public Interest Litigation, has been filed by the petitioner, challenging the voters list published by the respondents for the election to A-619 Madurai Postman Co-operative Credit and Thrift Society Limited (hereinafter referred to as "Co-operative Society") and also the order dated 27th March 2018, rejecting the objection of the petitioner to the publication of the voters list.
2. The Co-operative Society is for employees of the Postal Department. Apart from the Postmen working in the Postal Department, persons working in the Gramin Dak Sevak are also admitted as members of the Co-operative Society. The petitioner is a Postman in the Madurai Head Post Office. This is not in dispute.
3. It appears that the elections to the Co-operative Society are scheduled to be held on 7th April 2018. The election schedule has been announced. As per the schedule, the list of members of the Co-operative Societies were to be furnished to the Election Voters List Officer by the Co-operative Society within 22nd March 2018. On 24th March 2018, the Election Voters List Officer was to publish the list of voters. Objections and claims to the voters list, if any, were to be submitted on 26th March 2018 between 10.00 a.m. and 05.00 p.m. On 27th March 2018, the Election Voters List Officer was to decide objections and claims and then, the final voters list was to be published on 28th March 2018. As per the schedule, nominations were to be filed between 10.00 a.m. and 05.00 p.m. on 31st March 2018. Nominations were to be scrutinised between 11.00 a.m. and 04.00 p.m. on 2nd April 2018. Valid nominations were to be published on 2nd April 2018 at 05.00 p.m. Withdrawal of nominations was to be permitted between 10.00 a.m. and 05.00 p.m. on 3rd April 2018. The final list of contesting candidates was to be published at 05.00 p.m. on 3rd April 2018 and elections were to be held from 08.00 a.m. to 05.00 p.m. on 7th April 2018. Counting of votes was to commence on 9th April 2018 from 10.00 a.m. onwards after which, results were to be declared by the Election Officer.
4. According to the petitioner, the petitioner and several other members, who are entitled to cast their votes, have wrongfully been excluded from the voters list and objection of the petitioner on his own behalf and on behalf of others has been rejected, upon reference to sub-section 2(h) of Section 23 of the Tamil Nadu Co-operative Societies Act, 1983, (hereinafter referred to as the "Co-operative Societies Act"), which reads that "a member of a registered society shall cease to be a member of the society, if he.....has not used the services of the society upto the minimum level, as specified in its by-laws."
5. On behalf of the Co-operative Society, it is submitted that a meeting of the Executive Council of the Co-operative Society was held on 07th October 2016 and a meeting of the General Body of the Council was held on 19th October 2016. A decision was taken by the majority of the members to disqualify the petitioner under sub-section 2(h) of Section 23 of the Co-operative Societies Act, for not using the services of Co-operative Society upto the minimum level as specified in its by-laws.
6. Sub-section 4 of Section 23 of the Co-operative Societies Act provides that any question as to whether an applicant for admission as a member of a society is or a member of a registered society was, or has become, subject to any of the disqualifications mentioned in Section 23 of the Co-operative Societies Act is to be decided by the Registrar. Reference may, in this context, also be made to Rule 35 of the Tamil Nadu Co-operative Societies Rules, 1988, (hereinafter referred to as the "Co-operative Societies Rules"), which provides as follows:-
"35. Removal of a member of a society - (1) The Registrar may of his own motion or on application, by an order in writing, direct the removal of a member of a society from such membership, if in the opinion of t
