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 07.04.2018. The petitioners were elected by their respective Co-operative Societies as delegate to the Apex Societies. The Apex Societies is arrayed as 3rd respondent in both the writ petitions. The petitioner in W.P.No.17736 of 2023 was elected as delegate to the 3rd respondent/Apex Society on 06.03.2019. The petitioner in W.P.No.21408 of 2023 was elected as delegate to the 3rd respondent/Apex Society on 26.08.2019.

3. It is stated that in respect of both the writ petitioners, their Membership in Primary Co-operative Societies came to an end by efflux of time and no elections had been conducted for electing New Members and therefore, an Administrator had been appointed to administer the Primary Co-operative Societies. It is the precise case of the petitioners that even though their five years term as a Member of Primary Co-operative Societies came to an end by efflux of time, by virtue of Proviso 1 to Rule 56 of the Tamil Nadu Co-operative Societies Rules, 1988 (hereinafter referred to as ''TNCS Rules'' for brevity) they can continue as delegate in the Apex Co-operative Society/3rd respondent, till their successors are elected or until expiry of five years period as delegate.

4. In other words, it is the case notwithstanding the fact their tenure as President or Member of the Society has come to an end, they can continue as delegate to the Apex Society till their successors to be elected or their five years tenure as delegate comes to an end. In the case on hand, the five years tenure of petitioner in W.P.No.17736 of 2023 as delegate in Apex Society commenced on 06.03.2019, the date on which he was elected as delegate and therefore, his tenure will be over only on 05.03.2024.

5. In the case of petitioner in W.P.No.21408 of 2023, his tenure as delegate of Apex Co-operative Society commenced on 26.08.2019, the date on which he was elected as delegate and the same will come to an end on 25.08.2024.

6. Mr.S.R.Rajagopal, learned Senior Counsel appearing for the petitioner in W.P.No.17736 of 2023 by taking this Court to Rule 56 of TNCS Rules submitted that the petitioners are entitled to continue as delegate in the Apex Co-operative Society by taking shelter under First Proviso to Rule 56 of TNCS Rules, notwithstanding the fact the expiry of five years term as Member of Primary Society. The learned Senior Counsel further submitted that the First Proviso to Rule 56 of TNCS Rules, was incorporated with an object to give full five years term to the delegate in the Apex Society. Normally, the election to Apex Society will be held after few months from the date of election to the Primary Society. Therefore, if expiry of the tenure of delegate is linked to the date of election to Primary Society, the time taken for conducting election to elect delegate will be lost