Madras High Court
S.Balan vs The Registrar Of Co-Operative ... on 25 September, 2023
W.P.No.26670 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :25.09.2023
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR
W.P No.26670 of 2023
and W.M.P.No.26100 of 2023
S.Balan ...Petitioner
Vs.
1.The Registrar of Co-operative Societies/
Election Officer of Tamil Nadu,
Kilpauk, Chennai – 600 010.
2.The Joint Registrar of Co-operative
Societies,
Having office at Saibaba Colony,
Coimbatore – 641 038.
3.The Deputy Registrar of Co-operative
Societies,
Having office at North Coimbatore,
R.S.Puram,
Coimbatore – 641 002.
4.The Secretary,
K-678, The Coimbatore Co-operative Printing Works Ltd.,
Trichy Road, Near G.H.
Coimbatore – 641 018. ...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records of the
1/6
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W.P.No.26670 of 2023
2nd respondent pertaining to his order dated 07.08.2023 in
Na.Ka.1718/2023K2(2) and quash the same, consequently the petitioner to
retain the Post of Directors till 22.09.2024.
For Petitioner : Mr.Abrarmohamed Abdulla
for Mr.C.Deepak Kumar
For Respondents 1 to 3 : Mrs.S.Anitha
Special Government Pleader
For Respondent 4 : Mr.K.Karthikeyan
Government Advocate
ORDER
The writ petition is filed challenging the order passed by the 2nd
respondent appointing an Administrator to the Coimbatore Co-operative
Printing Works Ltd., under Section 89 of the Tamil Nadu Cooperative
Societies Act, 1983, on the ground that the term of office of the Board is
already over.
2.When the matter is taken up for hearing, the learned Special
Government Pleader appearing for the respondents 1 to 3 submits that the
petitioner was elected as Member of Board of Directors of Singanallur
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W.P.No.26670 of 2023
Consumer Co-opertaive Store on 07.08.2018, for a period of five years and
subsequently, he was elected as President on 11.08.2018. In his capacity as the
President of the Singanallur Consumer Co-opertaive Store, the petitioner
became delegate of Coimbatore Co-operative Printing Works Ltd., as per
Section 26(2)(a) of the Tamil Nadu Cooperative Societies Act,1983. In the
election to the Board of Directors of Coimbatore Co-operative Printing Works
Limited held on 17.09.2019, the petitioner was elected to the Board of said
Society. Since the membership of the petitioner in the primary level
Cooperative Societies came to an end by efflux of time, his term of office as
delegate has also come to an end and the said position is covered by the
decision of this Court in the case of A.Venkatachalam vs. The Registrar of
Co-operative Societies/State Election Officer and others in W.P.Nos.17736
and 21408 of 2023.
3.In the above mentioned order while considering the status of delegate,
whose term as a Member of Primary Cooperative Society is already over was
considered by this Court and the relevant discussion reads as follows:
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W.P.No.26670 of 2023
“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 “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.
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W.P.No.26670 of 2023
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 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.”
4.The order passed by this Court in the above said writ petitions is
squarely applicable to the facts of the present case. Accordingly, the writ
petition is dismissed. No costs. Consequently, connected miscellaneous
petition is closed.
25.09.2023
Index : Yes/No
Internet : Yes/No
Speaking Order/Non-Speaking Order
Neutral Citation Case : Yes/No
nti
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W.P.No.26670 of 2023
S.SOUNTHAR, J.
nti
To
1.The Registrar of Co-operative Societies/
Election Officer of Tamil Nadu,
Kilpauk, Chennai – 600 010.
2.The Joint Registrar of Co-operative
Societies,
Having office at Saibaba Colony,
Coimbatore – 641 038.
3.The Deputy Registrar of Co-operative
Societies,
Having office at North Coimbatore,
R.S.Puram,
Coimbatore – 641 002.
4.The Secretary,
K-678, The Coimbatore Co-operative Printing Works Ltd.,
Trichy Road, Near G.H.
Coimbatore – 641 018.
W.P No.26670 of 2023
25.09.2023
https://www.mhc.tn.gov.in/judis
