2017 Supreme(Mad) 3923

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D. Krishnakumar, J.
K.S. Ramesh – Appellant
Vs.
The Deputy Registrar of Cooperative Societies and Ors. – Respondents
W.P. No. 30202 of 2016, M.P. No. 26197 of 2016, WMP No. 34180 of 2016 and WMP No. 34 of 2016
Decided On : 22-12-2017

Headnote:

Tamil Nadu Co-operative Societies Rules – Rule 62 – Quashment of Notice – Writ petition is filed for quashing the notice dated 26.08.2016 issued by the second respondent – Petitioner was elected as President of Pitchavaram Primary Agricultural Co-operative Society Limited, Pitchavaram, Chidambaram Taluk, Cuddalore District and assumed Office on 09.05.2013. – While that being the position, the first respondent served notice dated 04.08.2016, along with the requisition letters dated 30.06.2016 and 02.08.2016 submitted by eight elected members out of eleven elected members of the Society, directing the petitioner to submit his explanation on or before 22.08.2016. – On receipt of such notice, the petitioner submitted his explanation on 22.08.2016. – On receipt of the reply submitted by the petitioner, the first respondent vide order dated 24.08.2016 has authorised the second respondent to convene a special meeting of the Board of Directors on 01.09.2016 at 11.00 a.m. in the Office of the Society to facilitate "No Confidence Motion" against the petitioner – Held, Decisions relied on by the learned counsel for the petitioner therein (the same learned counsel is also appearing for the petitioner herein and cited the same decisions) and answered the same issue by giving a finding that the conditions prescribed under Rule 62 (3) of the Tamil Nadu Co-operative Societies Rules, 1988 are mandatory. – It is clear that even though there is no difference between the days and clear days, there is a difference in computing/reckoning number of days and number of clear days. – For reckoning number of days the same shall be reckoned "exclusively of the first day and inclusively of the last day, unless the last day happens to fall on Sunday or any public holiday, in which case the number of days shall be reckoned "exclusively of the first day and exclusively also of every such Sunday or public holiday". – Therefore, this Court is of the opinion that, for reckoning number of days, in general, first day alone has to be excluded and in case the last day happens to fall on Sunday or any public holiday, then both the first day and last day have to be excluded. – Similarly, for reckoning number of clear days, in general, both the first day and last day have to be excluded and in case the last day happens to fall on Sunday or any public holiday, then those days have also to be excluded – It is clear that for computing number of days ie., "30 days from the date of receipt of requisition" means, the first day starts from the date of receipt of requisition. – But for computing a day, the day must be a whole/complete/entire day of 24 hours between two midnights and not fraction of days covering 24 hours alone and therefore, the day should be reckoned "exclusively of the first day and inclusively of the last day." – Therefore, the phrases "within 30 days from the date of receipt of requisition" refers, "there is no need for 30 clear/whole days, but it does not exceed 30 days (before the expiration of 30th day) and the number of days should be calculated excluding the first day ie., excluding the date of receipt of requisition (since it is not a whole day)". – If date of receipt of requisition (02.08.2016) is excluded, then the 30th day falls at zero hours i.e. the 30th day starts after the expiration of 31.08.2016 and ends on 01.09.2016 midnight. – Therefore, the date fixed for convening the meeting (01.09.2016) is within a period of 30 days from the date of receipt of requisition (02.08.2016), as contemplated under Rule 62 (3) of the Tamil Nadu Co-operative Societies Rules, 1988. – Contention of the learned counsel for the respondents that there was five clear days in between the date of notice and the date of meeting cannot be accepted and therefore, this Court comes to the conclusion that the respondents have not complied with three clear days notice, as per Rule 62(3) of the Tamil Nadu Cooperative Societies Rules, 1988. – Writ Petition Allowed