Air Vice Marshal V. Krishnaswamy VSM (Retd) and Others vs The Registrar of Co-operative Societies (Housing) and Others

M. Jaichandren, J.—Heard the learned Counsel appearing for the Petitioners and the learned Additional Government Pleader appearing on behalf of the Respondents 1 to 3.

At this stage of the hearing of the Writ Petition, the learned Additional Government Pleader appearing on behalf of the Respondents had submitted that the impleaded Respondents, namely, Respondents 4 to 6 are also the members of the third Respondent Society and that they are also eligible to participate in the elections to be conducted in respect of the Defence Officers Colony Institute.

The main contention of the learned Counsel appearing on behalf of the Petitioners is that the third Respondent should not conduct elections without cancelling the membership of all the members, who had been enrolled after 12.06.2001, by the Special officer of the third Respondent Society, as per Section 89(A) of the Tamil Nadu Co-operative Societies Act, 1983, in view of the decision of a Full Bench of this Court, in K. Nithiyanantham Vs. State of Tamil Nadu and Aringnar Anna Silk Handlooms Weavers Co-operative Production and Sales Society Limited, .

The learned Counsel appearing on behalf of the Respondents 4 to 6 had submitted that they are members of the third Respondent Society and as such, they are also entitled to vote and to participate in the elections to be held for the various posts in the third Respondent Society. However, he had submitted that no election can be held, in respect of the Defence Officers Colony Institute as there are no provisions in the by-laws, permitting such elections to be held.

In view of the submissions made by the learned Counsels appearing on behalf of the Petitioners, as well as the Respondents 4 to 6, this Court finds it appropriate to permit the Petitioners, as well as the Respondents 4 to 6, to raise all the issues available to them, before the second Respondent, who is said to be the appropriate Authority to decide the issues. On such issues is being raised, the second Respondent shall decide the same, after giving an opportunity of hearing to the Petitioners, as well as to the Respondents 4 to 6, and pass appropriate orders thereon, and in the Interlocutory Applications, if any, filed by the parties concerned on merits and in accordance with law, as expeditiously as possible.

This Writ Petition is ordered accordingly. No costs.