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IN THE HIGH COURT OF JUDICATURE AT MADRAS
S. SOUNTHAR, J.
D. Palanisamy & Others – Appellants
Versus
The Registrar of Co-operative Societies/State Election Officer, Chennai & Others – Respondents
Writ Petition Nos. 22770, 24199 & 24384 of 2023 & W.M.P. Nos. 22224, 23650, 23651, 23652, 23823 of 2023
Decided On : 13-09-2023
Term of Office of Board Members - Co-operative Society - Tamil Nadu Co-operative Societies Act, 1983, Article 243-ZJ of Constitution of India - Sections 2(7), 33(10)(a), Rules 52(5), 53 - The court discussed the interpretation of the term of office of board members of Co-operative Societies under Section 33(10)(a) of the Tamil Nadu Co-operative Societies Act, 1983. The court analyzed the relevant constitutional provisions and legal principles to determine that the term of office of elected members of the board commences from the date of election, unless there is an express provision indicating a later commencement date. The court emphasized that the literal meaning of the provisions should be followed unless there is ambiguity, and concluded that the term of office commences from the date of election.
Fact of the Case:
The writ petitions were filed by the Presidents of Co-operative Societies, challenging the premature termination of their tenure and the appointment of an Administrator to manage the societies. The core contention was the commencement date of the five-year tenure of the board members.
Finding of the Court:
The court dismissed the writ petitions, ruling that the term of office of elected members of the board commences from the date of election, as per Section 33(10)(a) of the Tamil Nadu Co-operative Societies Act, 1983.
Issues: The main issue was the interpretation of the commencement date of the term of office of board members under Section 33(10)(a) of the Act.
Ratio Decidendi: The court held that the term of office of elected members of the board commences from the date of election, unless there is an express provision indicating a later commencement date. The court emphasized the literal meaning of the provisions and the absence of ambiguity in Section 33(10)(a) of the Act.
Final Decision: The writ petitions were dismissed, and no costs were awarded. The court concluded that the term of office of elected members of the board commences from the date of election, as per Section 33(10)(a) of the Tamil Nadu Co-operative Societies Act, 1983.
JUDGMENT
(Prayer: Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, forbearing the respondents from dissolving or prematurely terminating the tenure of the petitioner as the President of T.P.SPL.29, Sivan Malai Primary Agricultural Co-operative Society elected on 10.06.2019, in the elections conducted in accordance with the Tamil Nadu Co-operative Societies Act, 1983 and the Tamil Nadu Co-operative Societies Rules, 1988.
Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus, calling for the records of the order passed by the 1st respondent in Na.Ka.No.2030/2023 sapa (2), dated 06.08.2023 and consequential resolution No.1, dated 07.08.2023 on the file of the 2nd respondent quash the same and forbear the respondents from interfering with the democratically elected board of management of the 2nd respondent society till 13.06.2024.
Writ Petition filed Under Article 226 of the Constitution of India, to issue a writ of Mandamus, forbearing the respondents from dissolving or prematurely terminating the tenure of the petitioner as the President of K 1917 Tiruppur Co-operative Housing Society elected on 10.06.2019 in the elections conducted in accordance with the Tamil Nadu Co-operative Societies Act, 1983 and the Tamil Nadu Co-operative Societies Rules, 1988.)
Common Order
1. The following interesting question of law involved in these writ petitions:
Whether the term of Office of Board Members of Co-operative Society commences from the date of election of such members or from the date of election of office bearers of the board by such members?
2. W.P.Nos.22770 and 24384 of 2023 are filed by the President of respective Co-operative Societies, seeking issuance of Writ of Mandamus forbearing the respondents from dissolving or prematurely terminating the tenure of the petitioner as the President of respective Co-operative Societies as they were elected as Presidents only on 10.06.2019.
3. W.P.No.24199 of 2023 is filed by the President of the Co-operative Society, challenging the order passed by the 1st respondent appointing an Administrator to manage the Co-operative Society under Section 89 (1) (i) of Tamil Nadu Co-operative Societies Act treating the tenure of members elected to board as expired and also consequential resolution passed by the 2nd respondent dated 07.08.2023 regarding assumption of charge by Administrator.
4. In W.P.No.22770 of 2023, the members of the board of the Society were declared elected by Election Officer on 28.08.2018. However, the election of the Office bearers of the Board could not be conducted immediately due to judicial order passed in a writ petition and ultimately, after decks are cleared for election of Office bearers by the order passed by the committee appointed by the High Court, upholding the validity of election of members on 28.08.2018, the election for Office bearers was conducted on 10.06.2019 and the elected Office bearers assumed charge on that day.
5. In W.P.No.24384 of 2023, the members of the board were elected on 03.09.2018. Here again due to judicial order election to the Officer bearers of the board could not be proceeded with immediately and after decks are cleared by the order passed by the Court appointed committee upholding the validity of election of members, the election for electing Officer bearers was conducted on 10.06.2019 and they assumed office on that day.
6. In W.P.No.24199 of 2023, the member of the board was elected on 09.04.2018. Here again, due to the judicial order, the election to the office bearers could not be proceeded with and ultimately after High Court appointed committee upheld the validity of election that had taken place on 09.04.2018, the election for Office bearers was conducted on 14.06.2019 and Officer bearers assumed charge on that day.
7. The Core contention of the petitioners is though the members of the board were elected on 28.08.2018, 03.09.2018 and 09.04.201
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