B.Vijayavalli v. Union Of India
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.03.2025
CORAM
THE HONOURABLE MR JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.No.9908 of 2025 B.Vijayavalli W/o.Balasubramanian, No.6, III Cross Middle Street, Murugapakkam, Puducherry 605 004.
.... Petitioner Vs.
1. Union of India Represented by The Chief Secretary to Government, Government of Puducherry, Chief Secretariat, Puducherry 605 001.
2.The Secretary (Co-operative Societies), Government of Puducherry, Chief Secretariat, Puducherry 605 001.
3.The Register of Co-operative Societies, Government of Puducherry, Office of the Co-operative Department, V.V.P Nagar, Thattanchavady, Puducherry 605 009.
4.The Deputy Registrar of Co-operative Society, Government of Puducherry, Office of the Co-operative Department, Thattanchavady, Puducherry 605 009.
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5.The Administrator, Murungapakkam Primary Agricultural Co-operative Credit Society, Murungapakkam, Puducherry 605 004.
6.The Manager, Murungapakkam Primary Agricultural Co-operative Credit Society, Murungapakkam, Puducherry 605 004.
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to consider and take appropriate action on the representation dated 20.11.2024 and 06.03.2025, thereby direct them conduct the election for Murungapakkam Primary Agricultural Co-operative Credit Society Limited No. P.64 by providing suitable reservation of the women candidate/members for enabling women candidates/members also to take part in the Board/Committee of Management the Society and until then maintain status quo and not to appoint Three-Man Committee for the management of the society by invoking section 33 of the Puducherry Co-operative Societies Act, 1972 and pass . For Petitioner : Mr.Prakash Adiapadam For Respondents : Mr.V.Vasanth Kumar Additional Government Pleader (Puducherry)
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2/7
2. The present Writ Petition is filed for issuance of a Writ of Mandamus to direct the respondents to consider and take appropriate action on the representation dated 20.11.2024 and 06.03.2025, thereby direct them to conduct the election for Murungapakkam Primary Agricultural Co-operative Credit Society Limited No. P.64 by providing suitable reservation of the women candidate/members for enabling women candidates/members also to take part in the Board/Committee of Management the Society and until then maintain status quo and not to appoint Three-Man Committee for the management of the society by invoking section 33 of the Puducherry Co-operative Societies Act, 1972.
3. The case of the petitioner is that the petitioner is a A-class member and shareholder of Murungapakkam Primary Agricultural Co-operative Credit Society, and the total number of "A" class members of the Society as on date is 1280 and all are having voting rights in the Society. The last election for Society was conducted in the year 2008 and the period of elected committee was upto 2011 and thereafter for the past 14 years, no election was conducted and the affairs of the Society is being managed by the 5th and 6th respondents herein.
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3.1. The main grievance of the petitioner is that without conducting election and selecting Committee Members of the Society through democratic procedure, in the year 2021, a political attempt was made to appoint a ThreeMan Committee to act as Committee Members of the Society. Therefore, the petitioner has made representations on 20.11.2024 and 06.03.2025 before the respondents, requesting them to conduct election in Murungapakkam Primary Agricultural Cooperative Credit Society with reservation for women candidates and not to appoint Three-Man Committee. Inspite of receipt of such representations, till date no action has been taken to conduct election. Hence, the petitioner has filed the present Writ Petition.
4. The learned counsel for the petitioner submitted that, it would be suffice, if this Court issues a direction to the respondents to consider the petitioner's representations dated 20.11.2024 and 06.03.2025 and pass orders on the same within a particular time frame fixed by this Court.
5. Mr.V.Vasanth Kumar, learned Additional Government Pleader appearing for the respondents submitted that the petitioner's representations dated 20.11.2024 and 06.03.2025 would be considered by the respondents and 4/7
orders passed within the stipulated time that may be fixed by this Court.
6. In view of the submission made by the learned counsel on either side and without going to the merits of the representations, and taking note of the limited relief now sought for in this Writ Petition, there shall be a direction to the third respondent to consider the petitioner's representations dated 20.11.2024 and 06.03.2025, after giving due notice to the petitioner and after affording a reasonable opportunity of hearing to the petitioner and other aggrieved persons, if any, and pass appropriate orders on its own merits and in accordance with law, within a period of twelve (12) weeks from the date of receipt of a copy of this order.
7. With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 13.03.2025 Speaking/Non-speaking order Index : Yes / No jd To 5/7
1. Union of India Represented by The Chief Secretary to Government, Government of Puducherry, Chief Secretariat, Puducherry 605 001.
2.The Secretary (Co-operative Societies), Government of Puducherry, Chief Secretariat, Puducherry 605 001.
3.The Register of Co-operative Societies, Government Of Puducherry, Office of Co-operative Department, V.V.P Nagar, Thattanchavady, Puducherry 605 009.
4.The Deputy Registrar of Co-operative Society, Government of Puducherry, Office of The Co-operative Department, Thattanchavdy, Puducherry 605 009.
5.The Administrator, Murungapakkam Primary Agricultural Co-operative Credit Society, Murungapakkam, Puducherry 605 004.
6.The Manager, Murungapakkam Primary Agricultural Co-operative Society, Murungapakkam, Puducherry 605 004.
J.SATHYA NARAYANA PRASAD,J., jd 6/7
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