R.KRISHNAMOORTHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner seeks for issuance of a writ of declaration to declare Section 74 of the Tamil Nadu Co-operative Societies Act, 1983 along with the Rules 150 and 151 of the Tamil Nadu Co-operative Societies Rules, 1988 as null and void, ultra vires of the Constitution of India and the provisions of the Tamil Nadu Co-operative Societies Act, 1983. The petitioner is a practising advocate of this Court. He claims that he served in the Department of Co-operation and Audit in various categories from Co-operative Sub Registrar to Joint Director of Co-operative Audit for more than 34 years and retired from service on 31.7.2004. Therefore, the petitioner claims that he is very much interested in the co-operative principles and orderly development of co-operatives in the State of Tamil Nadu. According to the petitioner, the impugned provision viz., Section 74 of the Tamil Nadu Co-operative Societies Act, 1983 along with the said Rules is in violation of principles of co-operation and the provisions of the Tamil Nadu Co-operative Societies Act, 1983. Section 74 of the Act, empowering the Government to constitute the Recruitment Bureau is challenged by the petitioner as unconstitutional. Though the petitioner, appearing as party-in-person, raised several grounds on the merits of the matter, we raised a doubt as to whether the writ petition is maintainable on the question of locus standi of the petitioner to file the same. To such query, the petitioner relied on the decision of the Honourable Supreme Court in Ayaaubkhan Noorkhan Pathan v. State of Maharashtra, 2013 AIR(SC) 58 in support of his submission that the writ petition is maintainable at his instance.

(2.) We heard the arguments of the petitioner as party-in-person as well as the submissions made by the learned advocate General appearing on behalf of the respondents on the question of maintainability of this writ petition.

(3.) The writ petition is the one seeking for a declaration to declare Section 74 of the Tamil Nadu Co-operative Societies Act, 1983 along with Rules 150 and 151 of Tamil Nadu Co-operative Societies Rules, 1988 as null and void and ultravires of the Constitution of India. Section 74 of the Act deals with constitution of Recruitment Bureaus by the Government for recruitment of such categories of paid officers and servants for employment by such classes or categories of registered societies. Rules 150 and 151 also deal with the constitution of the Recruitment Bureau as well as the procedure to be followed by the said Bureau. Thus, a combined reading of Section 74 and Rules 150 and 151 would only show that they are in connection with constitution of a Recruitment Bureau for recruiting employees to the co-operative societies at various levels. Thus in effect, the said provisions are in relation to the service mater, more particularly, with regard to the recruitment process. Admittedly, the petitioner herein is not presently an employee of a co-operative society or intending to apply for any such post. Even according to the petitioner, he served in the co-operative department and retired as early as 31.7.2004. Certainly, therefore, the petitioner cannot be termed as an "aggrieved person" to challenge Section 74 as well as Rules 150 and 151 of the said Act and Rules. Consequently, the writ petition filed by the petitioner in his individual capacity, challenging the said provision of Act and Rules is not maintainable as he is not an aggrieved person.