Arumugam v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2024 CORAM :
THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN Writ Petition No.28148 of 2018 Arumugam ....
Petitioner -Vs1.The Commissioner Tamil Nadu Co-operative Societies Election Commission, Chennai.
2.The Secretary Chennai.
3.The Deputy Registrar Omalur, Salem.
4.The Joint Registrar Salem 5.The Director Chennai.
6.The Deputy Director Dharmapuru Zonal Dharmapuri District.
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7.The Assistant Director 8.The President KK98, Mettur Dam Co-operative Societies 9.Mr.Kunjipaiyan .. Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents disqualifying the 9th respondent in the light of Section 34(1)(a) of the Tamil Nadu Co-operative Societies Act, by disposing the representation given by the petitioner on 12.10.2018.
For Petitioner :
No Appearance For Respondents :
Mr.P.K.Shiva Kumar Standing Counsel for R1 Mr.M.Muthuamy Government Advocate for R2 to R7 Mr.A.Raja Perumal for Mr.L.P.Shanmugasundaram for R8 2 / 6
O R D E R
The learned counsel for the petitioner is not present. However, the writ petition is disposed of. The Writ Petition has been filed in the nature of a Mandamus seeking a direction against the respondents to disqualify the 9th respondent, Kunjipaiyan, S/o.Perumal, in the light of Section 34(1)(a) of the Tamil Nadu Co-operative Societies Act, 1983. The petitioner had given a representation on 12.18.2018.
2.Section 34(1)(a) of the Act, relates to disqualification for membership of a Board and states that no person shall be eligible to be nominated as a member of the Board if he is a near relation or a paid employee of the said Society. The said provision is as follows:
34(1)No person shall be eligible for being elected or nominated as a member of a board of any registered society if he (a) is such near relation, as may be prescribed, of a paid employee of such registered society; or 3.In the affidavit filed in support of the writ petition, the petitioner had 3 / 6
claimed that the son of the 9th respondent is a paid employee of the Society. On the side of the respondents however, a copy of the resolution had been forwarded wherein the 9th respondent had given his resignation on 06.12.2018 and he has also resigned and the same has been recorded in the minutes of the Society. The counter had also been filed by the 7th respondent. It had been stated that the 9th respondent had resigned from the Society on 06.12.2018. 4.In view of the said fact no further issue arises for consideration in the writ petition. Writ Petition stands disposed of . No costs. 02.12.2024 Index : Yes/No NCS : Yes/No KP 4 / 6
To 1.The Commissioner Tamil Nadu Co-operative Societies Election Commission, Chennai.
2.The Secretary Chennai.
3.The Deputy Registrar Omalur, Salem.
4.The Joint Registrar Salem 5.The Director Chennai.
6.The Deputy Director Dharmapuru Zonal Dharmapuri District.
7.The Assistant Director 8.The President KK98, Mettur Dam Co-operative Societies 5 / 6
C.V.KARTHIKEYAN.,J KP Writ Petition No.28148 of 2018 02.12.2024 6 / 6