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2023 Supreme(Online)(MAD) 16438
IN THE HIGH COURT OF JUDICATURE AT MADRAS RESERVED ON :30.08.2023 PRONOUNCED ON :13.09.2023 CORAM THE HONOURABLE MR.JUSTICE S.SOUNTHAR Writ Petition Nos.22770 ,24199 and 24384 of 2023 and W.M.P.Nos.22224, 23650, 23651, 23652, 23823, 23596 of 2023 W.P.No.22770 of 2023:
D.Palanisamy ... Petitioner Vs
1.The Registrar of Co-operative Societies/State Election Officer, No.170, NV Natarajan Maaligai, EVR High Road, Poonamallee High Road, Kilpauk, Chennai – 600 010.
2.The Joint Registrar of Co-operative Societies, Tirupur Region, Tirupur.
3.The President, Management of T.P.SPL.29, Sivan Malai Primary Agricultural Co-operative Societies, Sivanmalai, Tirupur – 638 701.
4. Tamil Nadu State Co-operative Societies Selection Commission, Kamadenu Super Market Building, No.273, Scheme Road, Subbarayan Nagar, Subbarayan Nagar, Teynampet, Chennai – 600 018.
(R-4 impleaded vide order dated 21.08.2023 made in WMP.No.23036 of
2023 in W.P.No.22770 of 2023 by SSJ)
... Respondents 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.
For Petitioner : Mr.L.P.Shanmugasundaram For Respondents: Mr.R.Shanmugasundaram Advocate General Assisted by Mrs.S.Anitha Special Government Pleader and Miss.A.S.Shakeena for R1 and R2 Mrs.S.Anitha Special Government Pleader for R3 Mr.U.Karunakaran Co-operative Election Commission for R4 (ii) W.P.No.24199 of 2023:
P.Chinnasamy, President, KK 159-A, Sekkarapatti Primary Agricultural Co-operative Credit Society Ltd., A.Sekkarapatti Adagapadi Post, Dharmapuri District.
... Petitioner Vs
1.The Joint Registrar of Co-operative Societies, Dharmapuri Region, (Full Additional Charge)., Dharmapuri.
2.The Administrator, KK 159-A, Sekkarapatti Primary Agricultural Co-operative Credit Society Ltd., A.Sekkarapatti Adagapadi Post, Dharmapuri District.
... Respondents PRAYER : 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.
For Petitioner : Mr.M.S.Palaniswamy For Respondents: Mr.R.Shanmugasundaram Advocate General Assisted by Mrs.S.Anitha Special Government Pleader and Miss.A.S.Shakeena for R1 Mr.K.Tippu Sulthan Government Advocate for R2 (iii) W.P.No.24384 of 2023:
B.Vasanthi ... Petitioner Vs
1.The Registrar of Co-operative Societies/State Election Officer, State Election Officer, No.170, NV Natarajan Maaligai, EVR High Road, Poonamallee High Road, Kilpauk, Chennai – 600 010.
2.The Registrar of Co-operative Societies (Housing), Chennai.
3.The Secretary, Management of K 1917 Tiruppur Co-operative Housing Society, No.108-A, Gemani Complex, Kumaran Road, Tirupur – 641 601.
... Respondents 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 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.
For Petitioner : Mr.L.P.Shanmugasundaram For Respondents : Mr.R.Shanmugasundaram Advocate General Assisted by Mrs.S.Anitha Special Government Pleader and Miss.A.S.Shakeena for R1 and R2 Mr.S.Arumugam Government Advocate for R3
C O M M O N O R D E R
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 09.04.2018 in respective writ petitions, their five years tenure will not commence from the date of election as members of the board, but the five years tenure will commence only from the date of election of Office bearers.
8. The learned counsel appearing for the petitioners submitted that the Board of Directors of the Co-operative Society deem to be constituted only after election of office bearers. Therefore, their term should be counted only from the date of election of office bearers and not from the date of election of members of the board. The learned counsel appearing for the petitioners drawn the attention of this Court to Sections 2(7), 33(10) (a) of Tamil Nadu Co-operative Societies Act (herein after referred as Act for brevity) and Rules 52(5) and 53 of Statutory Rules framed under the Act, in this regard.
9. The learned counsel appearing for the petitioners also relied on Articles 56, 67, 83(2) and 172 of Constitution of India and Section 33(a) (4) of Tamil Nadu Co-operative Societies Act, for the purpose of interpreting Section 33(10) (a) of Act.
10. In support of their contention, the learned counsel appearing for the petitioners relied on the following judgments:
(i) The Special Officer, Varadarajaswami Silk Handloom Weavers Co-operative Society, G.No.2105, 437, Gandhi Road, Kancheepuram, Chengalput District and others Vs T.Anbalagan and othe
