K THANGAVEL Vs. NAVALADIAN SMALL FARMERS

JUDGEMENT

(1.) THE petitioners, who are 41 in number, seek for a writ of Declaration, declaring the election held by the eighth respondent (Election Officer) to the Executive Committee of the first respondent society on 29. 5. 2003 and the election result published on the same day as null and void and directing the eighth respondent to prepare a fresh list of voters including the petitioners and others whose agricultural lands are irrigated by the first respondent Society and to hold fresh election to the Executive Committee of the first respondent Society according to the Rules and bye-laws.

(2.) ACCORDING to the petitioners, the Navalidian Small Farmers' Group Irrigation Society, the first respondent society, (hereinafter called "the society"), was formed and registered on 13. 6. 1994 under the Tamil Nadu Societies Registration Act. The society is managed by an Executive Committee consisting of a President, Secretary, Treasurer and four Executive Officers to be elected by the General Body, once in three years. By G. O. Ms. No. 192 dated 15. 3. 1995, the Government permitted the society to pump water from three wells in the paddy lands belonging to its members in Survey No. 131/3 of Mohanur Village, by installing three electric pump sets and laying pipelines to irrigate 214 acres of dry lands owned by 199 members of the society.

(3.) THE petitioners contend that the first Executive Committee of the society consisted of seven persons, the second respondent as the President, one Ramalingam as the Secretary and respondents-4 to 7 as Executive Members and the third respondent as Treasurer. However, the Committee, according to the petitioners, did not conduct the affairs of the society properly. Though the lands of the petitioners were being irrigated by the society, their names were not entered in the register of members. However, the society was collecting the charges from all persons whose lands were supplied with water. After the expiry of the tenure of the first committee, no General Body Meeting was held for the election of fresh committee. Two different groups, one headed by the second respondent and another headed by Ramalingam, who was the Secretary of the first Committee, were claiming that the Committee headed by them was the properly elected Executive Committee. They were running parallel administration, creating confusion and obstacles in the smooth running of the society.