Madras High Court
K.Rajan vs The Registrar Of Co-Operative ... on 10 August, 2023
W.P.No.23595 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :10.08.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.23595 of 2023 and
W.M.P.Nos.23112 and 23115 of 2023
K.Rajan ...Petitioner
Vs.
1.The Registrar of Co-operative Societies/
State Election Officer,
No.170, NV Natarajan Maaligai,
EVR HighRoad, Poonamallee High Road,
Kilpauk, Chennai-600 010.
2.The Managing Director,
The Thiruvannamalai Central Co-operative bANK,
Gandhinagar,
Thiruvannamalai-606 601. ..Respondents.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of certiorari calling for the records of the first
respondent in issuance of communication dated 19.05.2023 in
Ref.na.Ka.No.18901/2023/Ku.tha 1 and the consequential letter of the 1st
respondent in mail dated 26.07.2023 Na.Ka.No.17953/2023/Sa.pa.2(1) and
quash the same.
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https://www.mhc.tn.gov.in/judis
W.P.No.23595 of 2023
For Petitioner :Mr.L.P.Shanmuga Sundaram
For Respondents : Mr.R.Shanmuga Sundaram
Advocate General
Assisted by Mrs.S.Anitha,
Special Government Pleader
ORDER
The writ petition is filed challenging the order passed by the 1st
respondent dated 19.05.2023. A similar writ petition filed challenging very
same order in W.P.No.17736 of 2023 was already dismissed by this Court on
09.08.2023.
2. In the said writ petition while interpreting 2nd proviso to Rule 56 of
Tamil Nadu Co-operative Societies Rules, this Court held as follows:-
“21. In the light of the above said golden rule
of interpretation, I do not see any conflict between
Proviso 1 and 2 of Rule 56 of TNCS Rules. If the rule
making authority wanted to extend benefit of first
proviso to circumstances where administrator is
appointed owing to default of election commission to
conduct election, it would not have included “Section
89” in the second proviso. It could have stopped with
inclusion of “Section 88” alone. The very fact
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W.P.No.23595 of 2023
“Section 89” is included in second proviso make it
clear rule making authority wanted to make second
proviso as an exception to main rule as well as first
proviso.
22. A close reading of Rule 56 of TNCS Rules
would make it clear that the Second Proviso acts as
an exception to the main rule as well as First Proviso.
Therefore, this Court is unable to accept the
submissions made by the learned Senior Counsel
appearing for the petitioners. The judgments relied on
by the learned Senior Counsel for the petitioners in
Barium Chemicals and Mohinder Singh Gill cases
cited supra in support of his contention on the
question of mala fides and failure to give reason in the
order will not advance the case of the petitioners as
the impugned order is only clarificatory in nature
declaring the status of various delegates like that of
the petitioners in the light of operation of Second
Proviso to Rule 56 of the TNCS Rules.
23. It is not as if, by virtue of impugned order
the petitioners are ceased to function as delegate.
Their status as a delegate of Primary Co-operative
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W.P.No.23595 of 2023
Societies ceased to exist already by virtue of Second
Proviso to Rule 56 of the TNCS Rules and the
impugned order is merely clarifying that position.
24. In view of the discussions made above, I do
not find any valid ground to allow the writ petitions
and consequently, both the writ petitions are
dismissed. No costs. Consequently, the connected
miscellaneous petitions are closed”.
3. Since the issue involved in this writ petition relating to interpretation
of Rule 56 of Tamil Nadu Co-operative Societies Act is covered by the order
passed by this Court in W.P.No.17736 of 2023, this writ petition is also
dismissed. Consequently, connected miscellaneous petitions are closed. No
costs.
10.08.2023
(2/2)
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
nr
https://www.mhc.tn.gov.in/judis
W.P.No.23595 of 2023
To
1.The Registrar of Co-operative Societies/
State Election Officer,
No.170, NV Natarajan Maaligai,
EVR HighRoad, Poonamallee High Road,
Kilpauk, Chennai-600 010.
2.The Managing Director,
The Thiruvannamalai Central Co-operative bANK,
Gandhinagar,
Thiruvannamalai-606 601.
https://www.mhc.tn.gov.in/judis
W.P.No.23595 of 2023
S.SOUNTHAR, J.
nr
W.P No.23595 of 2023
and
W.M.P.Nos.23112 and 23115 of 2023
10.08.2023
(2/2)
https://www.mhc.tn.gov.in/judis
