Madras High CourtWP(MD)/16161/2023disposed of

Ashok Kumar. R v. The Registrar Of Co-Operative Societies

2023-07-05Honourable Mr Justice B.Pugalendhi10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P.(MD)Nos.13554, 13558, 13556, 13557 W.P.(MD)No.16161 of 2023 R.Ashok Kumar ... Petitioner versus

1. The Registrar of Co-operative Societies, No.170, Periyar E.V.R. Highways, Kilpauk, Chennai - 600 010.

2. The Commissioner, Tamil Nadu State Co-operative Societies Commission, 273, Anna Salai, Chennai - 600 018.

3. The Joint Registrar of Co-operative 1/10

4. The Deputy Registrar of Co-operative

5. The Secretary, NN 294, Malavarayanenthal Primary Agricultural Co-operative Credit Societies, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to forbear the respondents 1 to 4 from interfering with the petitioner's position as President of the 5th respondent Society till the expiry of his tenure on 22.07.2024.

For Petitioner : Mr.S.Ramasamy For Respondents : Mr.Veerakathiravan, Additional Advocate General, assisted by Ms.D.Farjana Ghoushia, Special Government Pleader W.P.(MD)No.16162 of 2023 L.Devadoss ... Petitioner versus

1. The Registrar of Co-operative Societies, No.170, Periyar E.V.R. Highways, 2/10

Kilpauk, Chennai - 600 010.

2. The Commissioner, Tamil Nadu State Co-operative Societies Commission, 273, Anna Salai, Chennai - 600 018.

3. The Joint Registrar of Co-operative

4. The Deputy Registrar of Co-operative

5. The Secretary, NN.573, Paganeri Primary Agricultural Co-opearative Credit Societies, Paganeri, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to forbear the respondents 1 to 4 from interfering with the petitioner's position as President of the 5th respondent Society till the expiry of his tenure on 14.02.2024.

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1. The Registrar of Co-operative Societies, No.170, Periyar E.V.R. Highways, Kilpauk, Chennai - 600 010.

2. The Commissioner, Tamil Nadu State Co-operative Societies Commission, 273, Anna Salai, Chennai - 600 018.

3. The Joint Registrar of Co-operative

4. The Deputy Registrar of Co-operative 4/10

5. The Secretary, Q 531, Laadanenthal Primary Agricutlrual Co-operative Credit Societies, Laadanenthal, Thirupuvanam, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to forbear the respondents 1 to 4 from interfering with the petitioner's position as President of the 5th respondent Society till the expiry of his tenure on 16.07.2024.

1. The Registrar of Co-operative Societies, No.170, Periyar E.V.R. Highways, Kilpauk, Chennai - 600 010.

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2. The Commissioner, Tamil Nadu State Co-operative Societies Commission, 273, Anna Salai, Chennai - 600 018.

3. The Joint Registrar of Co-operative

4. The Deputy Registrar of Co-operative

5. The Secretary, A616, T.Nelmudikarai Primary Agricultural Co-operative Credit Societies, Thirupuvanam, ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to forbear the respondents 1 to 4 from interfering with the petitioner's position as President of the 5th respondent Society till the expiry of his tenure on 11.07.2024 For Petitioner : Mr.S.Ramasamy 6/10

For Respondents : Mr.Veerakathiravan, Additional Advocate General, assisted by Ms.D.Farjana Ghoushia, Special Government Pleader COMMON ORDER The petitioners have filed these writ petitions apprehending that that an attempt is made to disqualify the elected members and to conduct a fresh election for the 5th respondent Co-operative Societies.

2. The learned Additional Advocate General appearing for the respondents submits that for the purpose of enumerating the voter list, a circular was issued by the first respondent/the Registrar of Cooperative Societies to enumerate the voter list after adding the names of new members and deleting the names of deceased members. Misconstruing the same, the petitioners have filed these writ petitions.

3. The learned Additional Advocate General further submits that neither the Government nor the Department is having any inclination to 7/10

disturb the tenure of the elected Members, without following due process of law.

4. The said submission is recorded. Accordingly, these writ petitions are disposed of based on the said submission. No costs. Consequently, connected miscellaneous petitions are closed. 05.07.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

1. The Registrar of Co-operative Societies, No.170, Periyar E.V.R. Highways, Kilpauk, Chennai - 600 010.

2. The Commissioner, Tamil Nadu State Co-operative Societies Commission, 273, Anna Salai, Chennai - 600 018.

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3. The Joint Registrar of Co-operative

4. The Deputy Registrar of Co-operative

5. The Secretary, NN 294, Malavarayanenthal Primary Agricultural Co-operative Credit Societies,

6. The Secretary, NN.573, Paganeri Primary Agricultural Co-opearative Credit Societies, Paganeri,

7. The Secretary, Q 531, Laadanenthal Primary Agricutlrual Co-operative Credit Societies, Laadanenthal, Thirupuvanam,

8. The Secretary, A616, T.Nelmudikarai Primary Agricultural Co-operative Credit Societies, Thirupuvanam, 9/10

B.PUGALENDHI, J.

ogy 05.07.2023 10/10