This bench dismissed a Public Interest Litigation seeking constitutional reservation (1%) for SC/ST members in Co-operative Society President and Vice President posts in Tamil Nadu, relying on a prior coordinate division bench order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE JUDICATE OF MADRAS HIGH COURT
DATE : 26.04.2018
CORUM
THE HON'BLE MR.JUSTICE R.SUBBIAH
and THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.24902 of 2017
Arungunan S. Vinayagam ... Petitioner
Vs.
1. The Principal Secretary,
Tamil Nadu Co-opertive Department,
Secretariat,
Chennai – 600 009
2. The Registrar,
Tamil Nadu Co-operatives Society Registrar Office,
E.V.R. Periyar Saalai, Kilpauk,
Chennai – 600 010 ... Respondents
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the Petitioner's representation dated 03.08.2017 and thereby direct the Respondents to provide separate 1% of reservation to the ST people and also fill up the Co-operative Society Department President and Vice President post through the SC/ST reservation within a stipulated period.
The Petitioner in his affidavit filed in support of the Writ Petition, which is prosecuted as a Public Interest Litigation, claims to work for public welfare and particularly the upliftment of Scheduled Castes and Scheduled Tribes. In this Writ Petition, the Petitioner has sought for a direction to the
Respondents to consider his representation dated 03.08.2017 and thereby direct the Respondents to provide 1% of reservation to the ST people and also fill up the posts of President and Vice President in Co-operative Societies through reservation for Scheduled Caste and Scheduled Tribes.
“ 17. Having given our thought to the matter, we find really no merit in the petition. The Parliament enacts the law. The Court interprets the law. The Parliament in its wisdom provided for in the 73rd Amendment, while dealing with Part IX-A of the Municipalities, such kind of reservation by rotation even for Chairpersons. However, while making the subsequent amendment by the 97th Amendment in the year 2011 in respect of Part IX-B dealing with Co-operative Societies, reservation has been provided for membership of the Board and not for the post of a President. This Court cannot step in and assume the role of the Parliament to in fact amend the Constitution of India Part IX-B, would be the logical consequence, were the plea of the petitioner to be accepted. This is the role exclusively of the Parliament and this is not a matter where the Court can step in to fill in, what the Petitioner claims to be, a lacuna or a gap. In fact,
there is no such lacuna, and the reason for the constitutional amendment to be so worded possibly arises from what is set out in paragraph 16 of the counter affidavit, as it may infringe the right of other members to be President of the Cooperative Society.”
2 issues framed by the court
Whether the Court can direct the State to provide 1% reservation to ST people for Co-operative Society President and Vice President posts despite absence of constitutional provision.
Whether representation for Co-operative Society reservation survives for adjudication after disposal in prior coordinate bench judgment.
Colour shows how this judgement treated each authority
S. Karuppiah vs The Government of Tamil NaduReferred¶17
Writ Petition No.28189 of 2012 (S. Karuppiah vs The Government of Tamil Nadu rep by its Chief Secretary)
Arungunan S. Vinayagam
The Principal Secretary, Tamil Nadu Co-operative Department
The Registrar, Tamil Nadu Co-operatives Society Registrar Office
R. Subbiah
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
