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2018 Supreme(Mad) 1600

IN THE HIGH COURT OF JUDICATURE AT MADRAS
S.M. SUBRAMANIAM, J.
K. Natarajan & Ors. - Petitioners
Vs.
Government of Tamil Nadu, Represented by its Secretary, Co-operative, Food and Consumer Protection Department & Ors. - Respondents
W.P. Nos. 12033, 12037, 12038, 12056, 12059 to 12066, 12067, 12068, 12069, 12071 to 12074, 12077, 12078, 12079 to 12082, 12100, 12101, 12104, 12116, 12130, 12132, 12157, 12173, 12181, 12199, 12201 to 12205, 12209 to 12219, 12229, 12231, 12238, 12243, 12261, 12263, 12274, 12276 and 12280 of 2018 And WMP Nos. 14034, 14035, 14036, 14039 to 14042, 14072, 14073, 14074, 14079, 14080, 14081 to 14084, 14103 to 14108, 14149, 14150, 14203, 14204, 14230, 14235 to 14239, 14244 to 14265, 14290, 14298, 14299, 14321, 14322, 14324 to 14326, 14340, 14343, 14344, 14351, 14352 and 14353 of 2018
Decided On : 09-05-2018

Advocates Appeared:
For the Petitioners: Mr. V. Ajoy Khose, Mr. K. Selvaraj, Mr. C. Prakasam, Mr. S. Sugendran, Mr. S. Sathiaseelan, Mr. R.Y. George Williams, Mr. R. Mohana Raja, Mr. A. Gokulakrishnan, Ms. R. Anitha, Mr. S. Paul Gnanamuthu, Mr. M. Selvam, Mr. K. Balu, Mr. T. Pappaiah Dharmarajan, Mr. K. Raja, Mr. M. Baskar, Mr. K. Elango, Mr. R. Neelakandan for Mr. G. Sankaran, Mr. D. Bharathy, Mr. R. Thirumoorthy, Mr. R. Prabakar & Mr. Sathish Kumar.
For the Respondents:Mr. P.H. Aravindh Pandian, Addl. Advocate General assisted by Mr. L.P. Shanmugasundaram, Special Government Pleader, Mr. M.S. Palanisamy, Standing Counsel.

Headnote:

Code of Civil Procedure, 1908 - Limitation Act - Tamil Nadu Co-operative Societies Act - Section 90 – Election - Process - Irregularities, illegalities, malpractices and corrupt activities - Appearing on behalf of writ petitioners, largely made complaints that irregularities and illegalities crept in even from the initial stage of election - It is relevant to state that at time of filing of nominations and even at time of scrutiny and thereafter various irregularities and illegalities were identified and in some cases, Election Officers colluded with some contesting candidates and made election an empty formality - Further, it is contended that there was no election at all in eye of law - If at all elections are to be conducted, authorities are bound to follow rules and procedures prescribed and follow procedures in a fair and transparent manner - However, State, being a model, has failed to follow Rule of Law - Various instances are cited by learned counsels, appearing on behalf of writ petitioners and, such instances, even after submission of representations to State Election Commission are kept pending without disposal -Held, State Election Commission, on receipt of any such complaints/objections/applications or materials from any such aggrieved person, should consider same by providing an opportunity to all parties concerned and a personal hearing, if any such specific request is made and conduct enquiry in a free, fair and transparent manner and take a decision and pass orders within a period of eight weeks from date of receipt of any such complaints/objections/applications - - However, period of six months stipulated in this order is subject to the condition that the parties to disputes should cooperate with the competent authority for early disposal of these disputes - In event of any non-cooperation by any one of party, competent authority under Section 90 is Tamil Nadu Co-operative Societies Act is at liberty to record same and conclude adjudication and pass orders in dispute without reference to period of six months stipulated in this order - With above directions, all writ petitions are disposed of - However, there shall be no order as to costs - Consequently, connected miscellaneous petition is closed

ORDER :

These batch of writ petitions are filed in respect of the irregularities, illegalities, malpractices and corrupt activities occurred in the process of election conducted to elect the members of the Board for various Co-operative Societies registered under the Tamil Nadu Co-operative Societies Act, 1983, across the State.

2. The respective learned counsels, appearing on behalf of the writ petitioners, largely made complaints that the irregularities and illegalities crept in even from the initial stage of election. It is relevant to state that at the time of filing of nominations and even at the time of scrutiny and thereafter various irregularities and illegalities were identified and in some cases, the Election Officers colluded with some contesting candidates and made the election an empty formality.

3. At the outset, the allegations are mostly related to violation of the procedures prescribed under Rule 52 of the Tamil Nadu Co-operative Societies Rules and large scale irregularities, illegalities and corrupt activities.

4. The learned counsels, appearing on behalf of the writ petitioners, made a submission that in certain cases these illegalities and corrupt activities were occurred with the assistance of the Election Officers themselves. Further, it is contended that there was no election at all in the eye of law. If at all the elections are to be conducted, the authorities are bound to follow the rules and the procedures prescribed and follow the procedures in a fair and transparent manner. However, the State, being a model, has failed to follow the Rule of Law. Various instances are cited by the learned counsels, appearing on behalf of the writ petitioners and, such instances, even after submission of the representations to the State Election Commission, are kept pending without disposal. Thus, all these writ petitioners are constrained to move these batch of writ petitions, challenging the very election itself.

5. The grievances of the writ petitioners are multi-folded and those grievances are mostly in relation to the process of election and the manner in which the elections were conducted by the Election Officers. Under these circumstances, this Court is bound to consider the basic legal principles to be followed in conduct of elections.

6. Co-operative Societies are registered under the Tamil Nadu Co-operative Societies Act. The Act, being a special one, is to be followed scrupulously by the competent authorities and there cannot be any violation. The co-operative movement has been established for the benefit and welfare of the people of a particular locality. The great movement of “co-operation” has now been paralised on account of large scale irregularities and illegalities crept in the administration of these Co-operative Societies. Now the State is witnessing great loss and spirit in this co-operative movement. The co-operative movement is a national level movement which was constituted and developed by some great souls putting their hard work and by contributing their valuable services. Recently, we find drastic deterioration in developing a co-operative movement in the State as well as across the country.

7. This Court would like to know who is responsible for these kinds of deteriorations in respect of such a great movement and the Co-operative Societies. The Co-operative Societies are constituted and registered to cater the needs of the poor and needy people in the villages and urban areas. The people of the villages and urban areas are benefited from and out of these Co-operative Societies. Fair price schemes and systems are implemented by the State through these Co-operative Societies. Thus, it is the duty of the State to see that such co-operative movement is not killed and it must be developed with all means. In order to maintain the Co-operative Societies, the State has to ensure that the administration of such Societies are in tact and elections are conducted in a democratic manner. The cooperative is






















































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