Madras High Court
Arjun Kumar vs The Central Registrar Of ... on 23 February, 2021
W.P.No. 19434 of 2020
and W.M.P.Nos. 2911 of 2021 & 24019 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
W.P.No. 19434 of 2020
and
W.M.P.Nos. 2911 of 2021 & 24019 of 2020
Arjun Kumar ...Petitioner
Vs.
1.The Central Registrar of Co-operative Societies
(Under the Multi-State Co-operative Societies Act)
Ministry of Agriculture and Farmers Welfare
Department of Agriculture, Co-operation
and Farmers Welfare,
Krishi Bhavan, New Delhi.
2.The Secretary,
Central Warehousing Corporation Employees'
Co-operative Society Ltd.,
(A Multi-State Co-operative Society)
No.5, North Avenue,
Srinagar Colony, Saidapet, Chennai- 600 015.
3.D.Chellathai
Advocate (Returning Officer)
Central Warehousing Corporation Employees'
Co-operative Society Ltd.,
No.5, North Avenue, Srinagar Colony,
Saidapet, Chennai – 600 015. ..Respondents
1/10
https://www.mhc.tn.gov.in/judis/
W.P.No. 19434 of 2020
and W.M.P.Nos. 2911 of 2021 & 24019 of 2020
Prayer: Writ petition filed under Article 226 of the Constitution of India for
issuance of writ of mandamus, declaring that the General Meeting Notice
dated 02.12.2020 bearing Ref.G.B./Electn/2020-2021 and the Election
Programme dated Nil issued by the 3rd respondent as illegal, aribitrary and
contrary to law and consequently direct the 1st and 2nd respondent to conduct
the Election to elect 11 Board of Director of the Central Warehousing
Corporation Employees Co-operative Society Limited by appointing
returning Officer in terms of the order of the 1st respondent dated
27.12.2019, F.No.R-11017/52-2019-L&M and further by permitting the
members of the 2nd respondent to cast their vote through postal ballot or
through online or establishing polling station in the places where there are
members.
For Petitioner : Mr.Balan Haridas
For Respondents : Mr.S.Conscious Ilango for R2
R1 & R3 – No Appearance
2/10
https://www.mhc.tn.gov.in/judis/
W.P.No. 19434 of 2020
and W.M.P.Nos. 2911 of 2021 & 24019 of 2020
ORDER
This writ petition is filed to declare the General Meeting Notice
dated 02.12.2020 bearing GB/Electn/2020-2021 and the election
programme dated Nil issued by the 3rd respondent as illegal, arbitrary and
contrary to law and for the consequential direction, directing the
respondents 1 and 2 to conduct the election to elect 11 Board of Directors of
the Central Warehousing Corporation Employees' Co-operative Society by
appointing returning Officer in terms of the order of the 1st respondent dated
27.12.2019 and by permitting the members of the 2nd respondent to cast their
votes through postal ballot.
2. The petitioner is a member in the Central Warehousing
Corporation Employees' Co-operative Society and the 2nd respondent herein
is a registered Society under the Multi State Co-operative Societies Act,
2002. The 2nd respondent Society conducting election every five years to
elect the Board of Ditectors and this elected Board of Directors elect the
Chairman and Vice Chairman. Vide impugned notification, the 2nd
respondent Society convene a general meeting on 02.12.2020 to conduct the
https://www.mhc.tn.gov.in/judis/
W.P.No. 19434 of 2020
and W.M.P.Nos. 2911 of 2021 & 24019 of 2020
election and to elect the 11 Board of Directors to the Society.
3. According to the learned counsel for the petitioner, there are
around 458 members in the Society and they are working through out the
country and most of the members are in the Andhra Pradesh, Karnataka,
Kerela, Orissa and in various parts of the country to submit their nomination
or to cast their votes. Yet another grievance of the petitioner is that an
Advocate has been appointed as an Election Officer to conduct the election.
4. This Court while entertaining this writ petition on 18.12.2020
granted an order of interim injunction for conducting the election. The 2nd
respondent Society moved this writ petition with a vacate stay application
and would submit that there is no impediment for conducting the election,
who an advocate and if he is having any grievance, he can very well address
to the Election Officer. In view of the interim order, the entire election has
been stopped and the learned counsel also relied upon the decision of the
Hon'ble Division Bench of this Court in W.A.No. 221 of 2020 dated
02.06.2020 in the matter of A.Janakiraman Vs. The Railway Employees' Co-
https://www.mhc.tn.gov.in/judis/
W.P.No. 19434 of 2020
and W.M.P.Nos. 2911 of 2021 & 24019 of 2020
operative Credit Society Limited and others wherein, this Court has held as
follows:-
"9. Thus, an election dispute has to be raised before
the Arbitrator as per Section 84 of the 2002 Act and the Rules
framed thereunder and the respondent/Society not being an
exception to the same, the appellant's remedy was to avail of
the forum meant for resolution of such disputes. Admittedly, in
the instant case, the forum available for the resolution of such an
election dispute was through arbitration, which the appellant has chosen
voluntarily not to avail of. In such a situation, the following observations
of the Constitution Bench of the Supreme Court in the case
of A.V.Venkateswaran v. R.S.Wadhwani, AIR 1961 SC 1506 are clearly
attracted:
“11. ......... Secondly, as we have already indicated, we must
express our dissent from the reasoning by which the learned Judges of the
High Court held that the writ petitioner was absolved from the normal
obligation to exhaust his statutory remedies before invoking the
jurisdiction of the High Court under Article 226 of the Constitution. If a
petitioner has disabled himself from availing himself of the statutory
remedy by his own fault in not doing so within the prescribed time, he
cannot certainly be permitted to urge that as a ground for the Court
dealing with his petition under Article 226 to exercise its discretion in his
favour. Indeed, the second passage extracted from the judgment of the
learned C.J. in State of U.P. v. Mohammed Nooh [(1958) SCR 595 at pp.
https://www.mhc.tn.gov.in/judis/
W.P.No. 19434 of 2020
and W.M.P.Nos. 2911 of 2021 & 24019 of 2020
605-607] with its reference to the right to appeal being lost 'through no
fault of his own' emphasizes this aspect of the Rule.”
10. It is settled legal position that the High Court would
ordinarily decline to exercise discretion in election disputes, wherein a
statutory remedy is provided and reference may be made, in this regard, to
paragraphs (4) and (5) of the judgment in Umesh Shivappa Ambi and
others v. Angadi Shekara Basappa and others, (1998) 4 SCC 529, which
are extracted herein under:
“4. It is now well settled that once an election is over, the
aggrieved candidate will have to pursue his remedy in accordance with
the provisions of law and this (sic High) Court will not ordinarily interfere
with the elections under Article 226 of the Constitution. (See in this
connection para 3 in K.K. Shrivastava v. Bhupendra Kumar Jain [(1977)
2 SCC 494 : AIR 1977 SC 1703].) The Court will not ordinarily interfere
where there is an appropriate or equally efficacious remedy available,
particularly in relation to election disputes. In the present case, under
Section 70(2)(C) of the Karnataka Cooperative Societies Act, 1959 any
dispute arising in connection with the election of a President, Vice-
President, Chairman, Vice-Chairman, Secretary, Treasurer or member of
Committee of the Society has to be referred to the Registrar by raising a
dispute before him. The Registrar is required to decide this in accordance
with law.
5. This was, therefore, not a fit case for intervention
under Article 226. Hence, the impugned judgment is set aside and the
order of the learned Single Judge is restored. The period of 6 months
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W.P.No. 19434 of 2020
and W.M.P.Nos. 2911 of 2021 & 24019 of 2020
prescribed in the order of the learned Single Judge for the decision of the
Registrar will run from the date of the raising of the dispute before him.”
5. In view of the said decision of this Court, this writ petition is
dismissed with a liberty to the petitioner to work out his remedy before the
Election Officer and by filing necessary application under Section 84 of the
Multi State Co-operative Societies Act. Consequently, connected
miscellaneous petitions are closed. No costs.
23.02.2021
kkn
Index:Yes/No
Internet:Yes/No
Speaking/Non-Speaking Order
https://www.mhc.tn.gov.in/judis/
W.P.No. 19434 of 2020
and W.M.P.Nos. 2911 of 2021 & 24019 of 2020
To:
1.The Central Registrar of Co-operative Societies
(Under the Multi-State Co-operative Societies Act)
Ministry of Agriculture and Farmers Welfare
Department of Agriculture, Co-operation
and Farmers Welfare,
Krishi Bhavan, New Delhi.
2.The Secretary,
Central Warehousing Corporation Employees'
Co-operative Society Ltd.,
(A Multi-State Co-operative Society)
No.5, North Avenue,
Srinagar Colony, Saidapet, Chennai- 600 015.
3.D.Chellathai
Advocate (Returning Officer)
Central Warehousing Corporation Employees'
Co-operative Society Ltd.,
No.5, North Avenue, Srinagar Colony,
Saidapet, Chennai – 600 015.
https://www.mhc.tn.gov.in/judis/
W.P.No. 19434 of 2020
and W.M.P.Nos. 2911 of 2021 & 24019 of 2020
B.PUGALENDHI, J.
KKN
W.P.No. 19434 of 2020
and
W.M.P.Nos. 2911 of 2021 & 24019 of 2020
https://www.mhc.tn.gov.in/judis/
W.P.No. 19434 of 2020
and W.M.P.Nos. 2911 of 2021 & 24019 of 2020
23.02.2021
https://www.mhc.tn.gov.in/judis/
