ORDER

The writ petition has been filed challenging an order passed by the second respondent herein confirming the order passed by the third respondent under which the petitioners were permanently disqualified under Section 36 of the Tamil Nadu Co-operative Societies Act, 1983.

2.According to the petitioners, they were Board of Directors of Viluthayambalam Primary Agricultural Co-operative Thrift Society for the period between 1996 to 2001. On 13.12.1996, the Board has passed a resolution to appoint three persons on daily wage basis as a Writer, Saleswoman and Kerosene Salesman taking into consideration the heavy work load prevailing in the PDS shop.

3.The petitioners have further contended that the temporary appointment of the above said persons on daily wage basis was forwarded to the fourth respondent herein for necessary approval. The fourth respondent informed the Society that the appointments are contrary to the rules and regulations and advised the Board to withdraw the said resolution. When the Board of Directors were about to withdraw the said resolution, the fourth respondent had inspected and initiated proceedings under Section 82 of the Tamil Nadu Co-operative Societies Act, 1983 alleging that the appointments are in violation of G.O.Ms.No.15861/93 dated 15.07.1993. Thereafter, the Board of the Society by a resolution dated 26.03.1997 cancelled the daily wage appointments and terminated their services.

4.The petitioners have further contended that the tenure of the Board had expired in 2001. Thereafter, on 24.09.2005, the third respondent has issued a show cause notice to all the former Board members why action should not be initiated under Section 36 of the Tamil Nadu Co-operative Societies Act, 1983. The petitioners have given a detailed reply to the effect that only taking into consideration the work load of the Society, the said persons were appointed, but later they were terminated. However, without properly appreciating the contentions raised in the explanation, the third respondent has passed an order on 29.10.2010 permanently disqualifying the petitioners from contesting in any election either in this Society or in any other Society. The petitioners herein have filed an appeal before the second respondent. The second respondent also without properly appreciating the contentions raised by the writ petitioners has confirmed the disqualification by an order dated 21.06.2013. The said orders are under challenge in the present writ petition.

5.The Contentions of the learned counsel for the petitioners.

(i). By a resolution dated 13.12.1996 one R.Kala was appointed as a Writer on daily wage basis at the rate of R.30/- per day, G.Vimala was appointed as a Saleswoman on daily wage basis of Rs.25/- per day and S.Durairaj as a Kerosene Salesman at Rs.100/- per month taking into consideration of the heavy work load prevailing in the PDS shop. In view of the instruction issued by the fourth respondent herein, all these persons were terminated by way of resolution dated 26.03.1997. Total monetary loss that is said to have incurred due to appointment of these three persons for the entire three months period is sum of Rs.4965/-. Hence, it is clear that the appointments which were alleged to be irregular were rectified by the Board themselves within a period of three months. However, the show cause notice under Section 36 of the Act has been issued on 23.12.2004 much after they were removed and the tenure of the petitioners had expired.

(ii). The learned counsel for the petitioners had further contended that the main allegation of the enquiry officer is that the expenditure of the staff had exceeded 2% of the total income. However, no documents were served upon the petitioners or annexed to the enquiry report indicating how the expenditure of Rs.4965/- had exceeded 2% of the total income of the Society.

(iii). The learned counsel for the petitioners relied upon Section 82(5)

of the Tamil Nadu Co-operative Societies Act, 1983 and co