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Judgment
V.S. Sirpurkar, J.—The present Writ Appeal is against the order passed by the learned single judge observing that the stay ordered earlier stood vacated by the elapse of time, and directing the hearing of the writ petition in the usual course. There is an observation in the order that the members, where membership was at stake, would continue to enjoy the membership rights.
The main writ petition was filed by the society against the order of the first Respondent, the Asst. Director, Khadi and Village Industries, Nagercoil. By that order, he had declared the action on the part of the society in expelling 25 members was incorrect in law, since there was no approval sought for that expulsion u/s 25(2) of the Tamil Nadu Co-operative Societies Act. This order come to be challenged by way of a writ petition wherein, initially this Court granted stay of the order of the Assistant Director of Khadi and Village Industries, in effect, securing the position that the numbers had lost their membership rights by expulsion. It is to be mentioned that the first Respondent had cancelled that action, and the Petitioner was successful in getting the stay order staying the effect of the order of the Assistant Director. This order was to operate only upto 31.3.1999. It was not thereafter continued, thereby, the order withered away with the efflux of time, since the stay order was not renewed. When the matters come before the learned single Judge i.e., on 15.7.1999, the learned judge observed that in fact there were no stay orders in the field and the members would continue to be the members and enjoy their rights as such.
Learned Counsel for the Appellant very strenuously argued that the learned single Judge should not have made an observation to this effect. We do not see why if the stay order was to continue upto a particular date, and was not thereafter continued, then the stay order would not automatically come to an end, as it was to operate only upto a particular date. Its life would come to on and after that date. The teamed judge, therefore, rightly observed in our opinion, that the stay order was not invoked.
Learned Counsel thereafter urged that the main petition should have been instantaneously heard instead of being kept for hearing in the usual course. In fact, we find that the writ petition itself has no merits whatsoever. In this writ petition, as we have earlier indicated, the order passed by the Assistant Director of Khadi and Village Industries, Nagercoil is challenged. By that instant order, the first Respondent had refused to approve the action on the part of the Society to pass resolution and expel 25 members. There is a specific mention in the order that in keeping with Section 25(2) of the Act, the Society had not sought any approval so far in spite of the fact that the papers regarding expulsion resolutions were time and again sought from the society. Yet the Society had not delivered them. In short, it is an admitted position that the expulsion resolution passed by the Society was not approved in terms of Section 25(2) of the Act. If that is so, we specifically asked the learned Counsel to show us any approval, either specific or by implication, of that resolution by which, the members were expelled. Learned Counsel vary fairly agreed that there was no such approval of resolution. Under the circumstances, we do not think that any purpose would be served by proceeding with the writ petition.
In that view, we hold that the writ petition itself was entirely without any merits and was liable to be dismissed. We accordingly dismiss the writ petition itself. Since the writ petition is dismissed, the Writ Appeal is also dismissed. The members would continue and enjoy their membership rights. If the society so feels, it may take steps as it is available to do so under the law.
With those observation, we dispose of both W.P.3503 of 1999 and W.A. No. 1568 of 1999. No order as to costs. C.M.P. No. 14020/99 is closed.