T.Ammasi, S/O.Thirumalai v. The Deputy Registrar Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.10.2015
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN W.P. No.31643 of 2015 T.Ammasi ...
Petitioner Vs.
1.The Deputy Registrar of Co-operative Societies, Omalur Circle, Omalur, Salem District.
2.A.Govindarasu President, S-838, N.Maniyakaranur Primary Agricultural Co-operative Credit Society Ltd., Kongupatty Post, Omalur Taluk, Salem District.
...
Respondents PRAYER : Writ petition filed under Article 226 of the Constitution of India for issue of writ of mandamus directing the 1st respondent to pass an order under Section 34 of the Tamilnadu Co-operative Societies Act disqualifying the 2nd respondent from holding the post of President of S.838, N.Maniyakaranur Primary Agricultural Co-operative Credit Society Ltd., Kongypatty Post, Omalur Taluk, Salem District. For Petitioner : Mr.M.S.Palaniswamy For Respondents: Mr.L.P.Shanmugasundaram Special Govt. Pleader (Co.op) for R1.
O R D E R
The petitioner is the Vice President of the second respondent Co-operative Society and the second respondent is the President. According to the petitioner, the second respondent's brother-in-law's wife is working as a sales women in the second respondent Co-operative Society (S.838) and hence under Section 34 (1) (a) of the Tamilnadu Co-operative Societies Act r/w Rule 63 (Item No.13) of the Tamil Nadu Co-operative Societies Rules, the second respondent is disqualified to hold the post as a President in the said Society. Giving the above said details,
the petitioner approached the first respondent however, the first respondent directed the Society to pass a resolution and report the matter to the first respondent. Accordingly, resolution was passed and the same was communicated to the first respondent by way of representation Dt.01.09.2015. Since no order has been passed by the first respondent, the petitioner is before this court by way of this writ petition.
2. Heard Mr.M.S.Palaniswamy, learned counsel appearing for the petitioner and Mr.L.P.Shanmugasundaram, learned Special Government Pleader appearing for the respondents.
3. Taking into consideration the alleged prohibition under Section 34 (1) (a) of the Tamilnadu Co-operative Societies Act r/w Rule 63 (Item No.13) of the Tamil Nadu Co-operative Societies Rules for a person to hold a post in the Co-operative Society when his blood relative is employed in the same society and the resolution passed by the society stating that the close relative of the second respondent is an employee in the society, the second respondent is disqualified from hold the post of President.
4. In view of the above facts and circumstances, it is appropriate to direct the first respondent to pass orders on the petitioner's representation dated 01.09.2015, after issuing notice to the second respondent and the petitioner and dispose of the representation of the petitioner, within a period of six weeks from the date of receipt of a copy of this order.
5. With the above direction, this writ petition is disposed of. No costs.
-s/dAssistant Registrar True Copy Sub-Assistant Registrar rgr
To The Deputy Registrar of Co-operative Societies, Omalur Circle, Omalur, Salem District.
+1 cc to the Government Pleader High Court, Madras sr.54705 +1 cc to Mr.M.S.Palaniswamy Advocate sr.54363 W.P. No.31643 of 2015 aa26/10/2015