M SELVI Vs. GENERAL MANAGER

JUDGEMENT

(1.) Petitioner in these two original petitions was the elected President of Thrikkannapuram Handloom Weavers Industrial Cooperative Society Ltd. which is a Society registered under the Cooperative Societies Act. She was elected to the Managing Committee of the Society in the election conducted on 22-5-1999. The term of the previous committee was over on 28-2-1999. That committee on 28-9-1998 in the absence of regular Secretary appointed a temporary Secretary for a period of four months on a consolidated pay of Rs.1,500/-. That appointment was questioned and this court directed the Society to appoint a regular Secretary within four months from the dale of the judgment (Ext. P3 in O.P.No. 3996/2000). Learned Judge also observed that there is no illegality in the temporary appointment. Consequently by order dated 2-12-1998 departmental sanction was received to appoint a Secretary as can be seen from Ext. P2. A Writ Appeal was filed by the General Manager and Division Bench directed the Society to appoint the Secretary within eight weeks from the date of the judgment (Ext. P4). Meanwhile earlier committee was issued with a notice dated 10-2-1999, just 15 days prior to the date of expiry of their term, asking them to show cause why they should not be superseded.

(2.) It is the case of the petitioner that the action for supersession of the previous committee was taken malafide with a plan to see that the then committee members should not contest the election again and the committee should be administered by the Administrator for the political party favouring the General Manager during that time. The petitioner approached this court and considering the prima facie nature of the contentions, this court held that even though proceedings for supersession can go on, if adverse order is passed that should not be implemented for a period of two weeks so that they can take further proceedings as can be seen from Ext. P5 judgment in O.P.No. 3905/1999 dated 16-2-1999. In view of the above judgment the plan for superseding the earlier committee and thus disabling the Managing Committee Members to contest the election next time was spoiled and therefore no supersession orders were also passed. The committee's term came to an end on 28-2-1999.

(3.) Previous committee has taken a decision to conduct the election as their term will be over on 28-2-1999. But no Returning Officer was appointed for completing the formalities. That also shows a malafide nature of the General Manager at that time in not appointing Returning Officer in time as per the resolution passed by the previous committee. They filed O.P.No.2625 / 1999 for compelling the appointment of Returning Officer. The above writ petition was disposed of recording the submission of the Government Pleader that returning officer was already appointed and election will be conducted on 25-2-1999 before the expiry of the term of the previous committee, ie, 28-2-1999. It is contended that only after the judgment in O.P.No.2625/99 dated 5-2-99 notice.for supersession dated 10-2-1999 was made malafide for preventing the committee members from contesting the election. On 26-2-1999 CMP No. 8593/99 in OP No. 2625/99 for extending the time for conducting the election. By Ext. P6 dated 1-3-1999 time was extended on condition that elected committee will continue till new election is over.