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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, R.VIJAYAKUMAR, JJ
S.Krishnakumar President Aralvaimozhi Primary Agricultural Co-operative Credit Society, Aralvaimozhi Kanyakumari District – Appellant
Versus
S.Murugesan – Respondent
| Table of Content |
|---|
| 1. appellant's alleged business involvement. (Para 2 , 4 , 5) |
| 2. arguments regarding disqualification. (Para 6 , 9 , 10) |
| 3. writ court's findings and basis for disqualification. (Para 8 , 14 , 18) |
| 4. principle of strict interpretation of disqualification. (Para 23 , 26 , 28) |
| 5. overturning of writ court decision. (Para 29 , 30) |
JUDGMENT
(Made by R.VIJAYAKUMAR,J.
The 4th respondent in WP(MD).No.7710 of 2020 has filed the present writ appeal challenging the order of the writ Court wherein he has been found to be disqualified to be a member of the Co-operative Credit Society.
(A)Factual Matrix:
2.The appellant herein is a member of Aralvaimozhi Primary Agriculture Co-operative Credit Society. He contested the election for Board of Director in Kanyakumari District Co-operative Union and got elected as President. Immediately, after declaration of results, one George Newton had filed WP(MD).No.20303 of 2019 challenging the final list of Elected Board of Directors of the Kanyakumari District Co-operative Union Limited primarily on the ground that the appellant herein is running a Private Finance Company in the name and style of 'M/s.Balaji Finance' which is in violation of the Co-o
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