V.THIRULOKACHANDER Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ appeal has been filed challenging the order passed by this Court in W.P.No.26080 of 2013 dated 28.04.2016.

(2.) The facts leading to the filing of the writ petition in W.P.No.26080 of 2013 from which the present writ appeal has arisen, are as follows:

(3.) (i)Mr.R.Viduthalai, learned Senior counsel appearing for the writ petitioner /appellant herein, contended before the writ Court that there cannot be more than one chief executive for a society as per Section 51 of the Act and the amendment of the bye-laws providing for more than one secretary is repugnant to the provisions of the Act. It was submitted that the impugned amendment suffers from malice in law, as it was brought out with ulterior motive to deny reinstatement of the appellant /petitioner, as Secretary Cum Chief Executive to which post, he is entitled to be reinstated by virtue of the orders passed in the earlier round of litigation. It was further submitted that the increase of cadre strength from one secretary to four is only a ruse to increase the number of posts of secretary without any rationale or nexus with the object sought to be achieved. In this regard, the learned senior counsel referred to the definition of bye-laws in Section 3(c); definition of Chief Executive in Section 3(e); Section 10 regarding the scope and ambit of the bye-laws of the society; Section 11, regarding amendment of bye-laws; Section 12, coming into force of the amended bye-laws; and Section 51 relating to the appointment of the chief executive and his qualifications.