Dismissed

K.Mathaiyan @ Nehru v. the Registrar

Madras HC16 Feb 2016WP/6606/2014

Case brief

AI extract

What is this about?

The petitioner sought a writ of mandamus to force the election of new society officers. The High Court dismissed the petition, holding that new officers cannot be elected until the incumbent President and Vice President are legally removed from office as per the Tamil Nadu Co-Operative Societies Rules, 1988.

What did the court decide?

The writ petition seeking issuance of a writ of mandamus for election of new office bearers was dismissed.

K.Mathaiyan @ Nehru Vs the Registrar — Cooperative Societies | Madras HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated : 16.02.2016

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Coram

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The Hon'ble Mr.Justice T.S.Sivagnanam

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Writ Petition No.6606 of 2014 &

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M.P.No.1 of 2014

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K.Mathaiyan @ Nehru ...Petitioner
Vs.
1. The registrar
Tamilnadu state cooperative society
Registrar Office E.V.R. salai kilpauk chennai
2 The Joint Registrar
Dharmapuri District cooperative society
Dharmapuri
3 The Sub Registrar/Election Officer
Dharmapuri district cooperative society
Dharmapuri
4 The president
S.542 Selliampatti Primary Agrl.
Cooperative credit society ltd
Pulikkarai village and post
Palacodu taluk, Dharmapuri dist
5 Mr.C.Jayavel
The President S.542 Selliampatti Primary
Agri.Cooperative credit society ltd
Pulikkarai village and post
Palacodu taluk, Dharmapuri dist
6 Mr.C.Nagarajan
The Vice President S.542 Selliampatti Primary
Agri.Cooperative credit society ltd
Pulikkarai village and post
Palacodu taluk, Dharmapuri dist ...Respondents

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https://hcservices.ecourts.gov.in/hcservices/

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Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of mandamus,directing the respondents 1 to 3 to take steps to elect new office bearers for the post of President and Vice President of S.542 Selliampatti Primary Agricultural Cooperative Credit Society Limited Pulikkarai Village and Post Palacodu Taluk Dharmapuri District.

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For Petitioner : Mr.V.R.AnnaGandhi

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For Respondents : Mr.L.P.shanmugasundaram, Spl.GP for R1 to 4

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Mr.Naveen Durai Babu for R5

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Mr.A.Ilayaperumal for R6

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O R D E R

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Heard Mr.L.P.Shanmugasundaram, Spl.G.P for respondents 1 to 4, Mr. Naveen Durai Babu for R5 and Mr.A. Ilayaperumal for R6 and the learned counsel for the petitioner.

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Petitioner who is the elected member of the Board of S.542, Selliampatti Primary Agricultural Cooperative Credit Society Limited has filed this writ petition, praying for issuance of a writ of mandamus to take steps to elect new officer bearers for the post of President and Vice president of the said society. It is not in dispute that the 5 and 6^th respondents are the president and vice president of the Board and they are functioning as on date. Therefore, the question of issuance a writ of mandamus as sought for does not arise.

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Learned counsel for the petitioner has referred to a representation given by six members to the District Cooperative Registrar on 19.01.2014 and it is submitted that no meetings of the board are conducted and affairs of the society are being mismanaged and members are all agitated. As long as the elected representatives of the Board have not been removed as per the Act and the rules framed thereunder the question of granting the relief sought for does not arise. Rule 61 of the The Tamil Nadu Co-Operative Societies Rules, 1988 provides for removal elected member of the Board and in terms of Sub Rule (1) of Rule 61 an elected member of the Board may be removed by a resolution expressing no confidence in him passed in a special meeting of the members of the Society or the Constituency which elected him. There is an embargo in terms of Rule 61(2) stipulating that no special meeting shall be convened unless a requisition in writing signed by not less than ¼th of the members or one hundred members, whichever is less, of the Society or of the Constituency which elected him as the case may be is presented to the Registrar. On a perusal of the representation dated

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https://hcservices.ecourts.gov.in/hcservices/

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19.01.2014, it is seen that it is not a representation expressing no confidence on the President and Vice President but rather a simple representation to the District Co-operative Registrar to elect new set of Officer bearers. This cannot be done unless and until the elected office bearers are removed from office in the manner known to law. Therefore, while declining to grant the relief sought for, it is left open to the petitioner to work out his remedies under the provisions of the The Tamil Nadu Co-operative Societies Rules, 1988.

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Writ petition is dismissed. No costs. Connected miscellaneous petition is closed.

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-s/d-
Assistant Registrar
True Copy
Sub-Assistant Registrar
To
1. The Registrar
Tamilnadu state cooperative society
Registrar Office E.V.R. salai kilpauk
chennai
2 The Joint Registrar
Dharmapuri District cooperative society,
Dharmapuri
3 The Sub Registrar/Election Officer
Dharmapuri district cooperative society,
Dharmapuri
4 The President
S.542 Selliampatti Primary Agrl.
Cooperative credit society ltd
Pulikkarai village and post
Palacodu taluk, Dharmapuri dist
+1 cc to Mr.V.R.Anangandhi Advocate sr.9916
+1 cc to Government Pleader sr.9943/16
+1 cc to Mr.L.P.Shanmugasundaram Advocate sr.9981/16
+1 cc to Mr.S.Shanmugam Advocate sr.9769/16
+1 cc to Mr.A.Ilayaperumal Advocate sr.9770/16
Writ Petition No.6606 of 2014
& M.P.No.1 of 2014

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aa23/02/2016

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https://hcservices.ecourts.gov.in/hcservices/

K.Mathaiyan @ Nehru v. the Registrar

Case brief

What is this about?

What did the court decide?

K.Mathaiyan @ Nehru v. the Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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