Petition in HC to quash order on coop election

By Staff
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Google Oneindia News

Chennai, July 19 (UNI) A petition was filed in Madras High Court, pleading to quash an order issued by the Tamil Nadu Government cancelling the elections conducted to the Madras Advocates Cooperative Society Ltd (Canteen) on July 11 last.

The petitioner, one Mr D Kulasekharan, submitted that the election for the said Society was conducted under Rule 52 of the Tamil Nadu Cooperative Societies Rules, through an election officer namely the Sub-Registrar of Cooperative Societies. The results of the election was published the same day and the petitioner was an elected person to the 11-member Board of Directors.

However, the State Government had issued a Government order (GO) on July eleven, ''cancelling all the elections wherever they have been completed or in progress on the ground that it has been brought to the notice of the Government that certain unwanted incidents have occurred during the polls''.

The petitioner contended that the GO was ''arbitrary, unilateral, in exercise of excessive jurisdiction and beyond rule-making power''.

An elected member of the Board could be removed only by a resolution as indicated in Rule 61 of the Tamil Nadu Cooperative Societies Rules, 1988, and therefore the Government had no jurisdiction to issue a GO, removing all the elected members of the Board.

He submitted that the Government had failed to note that the Registrar only had power to supercede the Board under section 88 of the Tamil Nadu Cooperative Societies Act if the Board was not functioning properly, wilfully disobeying or failing to comply with his order or direction.

UNI

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