S. SOUNTHAR
A. Venkatachalam – Appellant
Versus
Registrar of Co-operative Societies / State Election Officer, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed Under Article 226 of the Constitution of India to issue a Writ ofCertiorari, calling for the records of the First Respondent in issuance of communication dated 19.05.2023 in Ref. Na.Ka.No.18901/2023/Ku.tha 1 and the consequential letter of the 2nd Respondent in Ref.Na.Ka. No.28748/2022/H1 dated 30.05.2023 and quash the same.
W.P. No. 21408 of 2023:
Writ Petition is filed Under Article 226 of the Constitution of India to issue a Writ ofCertiorari, calling for the records of the 1st Respondent in issuance of order in Ref. Na.Ka.No.18901/2023/Ku.tha 1 dated 19.05.2023 and quash the same.)
1. These two writ petitions are filed challenging the communication issued by the 1st respondent dated 19.05.2023 stating that in respect of the Primary Co-operative Societies for which Administrators are appointed, the tenure of delegates elected from that Primary Co-operative Societies to Apex Society will come to an end.
2. The petitioners in both the writ petitions are elected as President of their respective Primary Co-operative Societies. They were elected so on 7th April, 2018. Their tenure of Office in the Primary Co-operative Societies is for 5 years from
The amendment to Rule 456(2) of the Uttarakhand Cooperative Societies Rules, 2004, restricts representation in cooperative elections to Chairmen, nullifying the rights of Delegates.
Compliance with statutory election procedures within cooperative societies is mandatory to ensure valid electoral processes; neglecting to notify ineligible voters invalidates election actions.
Statutory reservations for committee membership based on age and gender for co-operative societies are inapplicable to apex societies, as their membership is comprised solely of other societies. Proc....
A delegate under different cooperative statutes can hold multiple voting rights without infringing the two-vote limit established by Section 21 of the Karnataka State Cooperative Societies Act, 1959.
The appointment of an administrator does not equate to the supersession of a Board, and actions taken prior to such appointment remain valid; votes cast under these circumstances must be counted, sub....
The court affirmed that non-elected Prescribed Officers can be removed without notice at the Registrar's discretion under the doctrine of pleasure, and did not possess substantive rights to retain of....
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