Back
2022 Supreme(Online)(MAD) 281
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 02.02.2022 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.1776, 1859, 1969 of 2022 WMP.Nos.1935, 1936, 2005, 2009, 2130 & 2131 of 2022 WP.No.1776 of 2022 S.Anthonydoss ...Petitioner Vs.
1.Union of India Rep by.-
The Secretary to Government FFR Division (Freedom Fighters and Rehabilitation Division), Ministry of Home Affairs, New Delhi.
2.The Repartriates Co- Operative Finance and Development Bank Limited Rep by its Managing Director “REPCO TOWER”
No.33, North Usman Road, T.Nagar, Chennai-600 017.
3.The Central Registrar of Cooperative Societies O/o. Central Registrar of Cooperative Societies, Krishi Bhavan, New Delhi.
4.The Chairman The Repatriates Co- Operative Finance and Development Bank limited The Secretary to Government Public and Rehabilitation Department Government of Tamil Nadu Fort St. George, Chennai-600009
5.Returning Officer The Deputy Registrar of Cooperatives Societies (Credit)
The Repatriates Co- Operative Finance and Development Bank Limited REPCO TOWER NO.33 North Usman Road, T.Nagar, Chennai-600017 ....Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned Election Notice issued by the 5th respondent having Rc. 530 / 2022 / RGB Elections dated 07-1-2022 and quash the same and consequentially direct the 5th respondent to conduct election after removal of the depositors / General Public From A class voting members.
For Petitioner : Mr.R.Udhayakumar For Respondents : Mr.R.Rakesh Vivekanantham [R1]
Standing Counsel Mr.Omprakash Senior Counsel for Mr.A.Ilangovan [R2 and R5]
Mr.V.Manoharan[R2]
Additional Government Pleader WP.No.1969 of 2022 P.Ramachandran ...Petitioner Vs
1.Union of India Represented by its Joint Secretary cum Central Registrar for Cooperative Societies Department of Agriculture and Cooperation Ministry of Agriculture
2.The Repatriates Cooperative Finance and Development Bank (REPCO Bank)
Represented by its Chairman Public and Rehabilitation Department, Secretariat Fort St. George Chennai
3.The Repatriates Cooperative Finance and Development Bank (REPCO Bank)
Represented by its Managing Director No.33,North Usman Road, T.Nagar, Chennai 600 017.
4.The Returning Officer, The Repatriates Cooperative Finance and Development Bank (REPCO Bank)
No.33 North, Usman Road, T.Nagar Chennai 600017. ...Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorari Call for the records in election notice in RC 530/2022/RGB Elections dated 7.1.2022 issued by the 4th respondent and quash the same as illegal.
For Petitioner : Mr.V.Raghavachari For Respondents : Mr.R.Rakesh Vivekanantham [R1]
Standing Counsel Mr.Omprakash Senior Counsel for Mr.A.Ilangovan [R3 and R4]
Mr.V.Manoharan[R2]
Additional Government Pleader W.P.No.1859 of 2022 M.K.K.Rajithvarman
104 Velachery Main Road Pallikarnai Chennai 100 ...Petitioner Vs.
1.The Principal Secretary Ministry of Home Affairs, Office of the Ministry of Home Affairs New Delhi-110 001
2.The Joint Secretary (Rehabilitation Division)
Ministry of Home Affairs New Delhi-110 001
3.The Central Registrar of the Multi State Co-operative Societies Dept. of Agriculture and co-operation, Ministry of Agriculture, Krishi Bhavan, New Delhi 110 001
4.Repatriates Co-operative Finance and Development Society Ltd Rep. by its Managing Director REPCO Tower, 33 North Usman Road, T. Nagar, Chennai-17
5. The Repartriates Co- Operative Finance and Development Bank Limited Rep by its Chairman Public and Rehabilitation Department, Secretariat, Fort St. George, Chennai-600 009
6.The Election Officer Repatriates Co-operative Finance and Development Society Ltd.
REPCO Tower, 33, North Usman Road, T. Nagar Chennai 17
7.The Registrar State Co-operative Societies
170, E.V.R. Periyar Salai, Kilpauk Chennai 10 ...Respondents PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified mandamus calling for the records relating to the election notice published in Dinamani daily on 7/01/2022 vide No. 530/ 2022/RGB for the Election for the post of delegates of the 4th respondent society to be conducted on 6/2/2022 issued by the 4th respondent and quash the same and to allow the objections raised by the petitioner thereby appointing an Election officer to conduct fresh election as per by-laws of the 4th Respondent society after eligible ordinary A class repatriates members voters list is prepared excluding B Class Nominal or Associate Members.
For Petitioner : Mr.A.Saravanan for M/s.G.Daisy John For Respondents : Mr.R.Rakesh Vivekanantham [R1 to R3]
Standing Counsel Mr.Omprakash Senior Counsel for Mr.A.Ilangovan [R4 and R6]
Mr.V.Manoharan[R5]
Additional Government Pleader Mr.A.Selvachandran [R7]
O R D E R
These writ petitions are filed questioning the validity of election notice issued by the respondents on 07.01.2022. As per the election notice, the process of election has already been commenced on 10.01.2022, the date on which the voter list was published by the Returning Officer. On 13.01.2022, final voter list was published by the Returning Officer. Filing of nomination papers was on 22.01.2022, scrutiny of nomination papers on 24.01.2022, publication of valid nominations on 24.01.2022 and withdrawal of nomination by the candidates was on 25.01.2022. Publication of final list of contesting candidates were made on 25.01.2022 itself. The polling date is fixed on 06.02.2022 and counting of votes and declaration of results have to be made on 07.02.2022 from 9 a.m. onwards. Thus, the publication of final list of contesting candidates were already effected and the polling date is fixed on 06.02.2022. Under these circumstances, the election notice is under challenge by the candidates, who all are contesting the elections repatriate members and candidates.
2. The short question which is to be considered by this Court is that whether an election at this point of time shall be interfered with or not, if it is necessary, then under what ground.
3. The vital ground raised by the petitioners are that as per the bye-
law no.4, the Bank shall have two categories of members No.1. Ordinary Members-'A' Class Members and No.2 Nominal/Associates Members-B Class Members. Clause 13 of the bye-law speaks about the Rights of Ordinary Member-'A' Class Member. Accordingly, 'A' Class Member shall have the right to vote in the election to elect the Delegates for the General Body Meeting and to take part in the election and contest for the post of the Delegates. The rights of the Delegates of the General Body are also provided in the said Clause.
4. In this context, it is contended that now as per the impugned election notice, the respondents are permitting the 'B' Class Members to vote in the elections, which is directly in violation of the bye-laws of the Society. It is further contended that the amendment effected is a fraud on the provisions of the Act. There was no merger occurred in respect of 'A' class and 'B ' class members and the 'B' class membership still remain as 'B' class members and there is no amendment effected. Thus, the pre-amended bye- law, in respect of 'B' class member is in force and as per the pre-amended bye-law, the 'B' class members are not eligible to cast vote in the elections. The petitioner state that 'A' class members are the repatriates and the society itself was registered for the welfare of such repatriates. Therefore, those 'A' class members alone are competent to vote in the elections and the amendment shall not have any impact in respect of the 'B' class members providing right to vote.
5. The respective learned counsels appearing on behalf of the petitioners raised several issues including the manner in which the amendments were effected. However, those amendment effected in the year 2019 need not be adjudicated in the present writ petitions and it is left open to the parties to raise a dispute before the Competent Authorities under the provisions of the Multi-State Co-operative Societies Act, 2002 (for brevity 'Act') for the purpose of redressing their grievances regarding the issues other than the elections, which is under challenge in the present writ petitions.
6. The learned senior counsel appearing on behalf of the respondent REPCO Bank objected to the contentions raised on behalf of the petitioners by stating that the General Body Meeting was convened on 25.02.2019 and Clause-4 of the bye-law was amended. The amendment proposed in Clause- 5 was not registered by the Central Registrar. The Central Registrar approved the amendment of Clause-4 of the bye-law on 25.02.2019 and as per the amended bye-law, every ordinary member-A Class Member is eligible to vote.
7. It is not in dispute that Clause-4 of the b
