M BHARAT KUMAR Vs. UNION OF INDIA; REGISTRAR, CO-OPERATIVE DEPARTMENT; PRESIDENT, PONDICHERRY ELECTRICITY EMPLOYEES CO-OP CREDIT SOCIETY LTD

JUDGEMENT

(1.) The petitioner, who is working as Junior Accounts Officer in the Puducherry Electricity Department and a member of Co-operative Society from the Electricity Department, approached this Court, challenging the election notification issued by the third respondent for conducting the election for electing 9 Directors for the fourth respondent The Pondicherry Electricity Employees Co-operative Credit Society Limited.

(2.) The petitioner contends that he is actively involved in the affairs of the fourth respondent Co-operative Society and the election to the Society to elect 9 Directors under three categories, namely, Engineers and Draughts man-2, Bill Collector-1 and others 6 is to be conducted on 26.6.2016 and the same was notified by election notification issued by the fourth respondent on 30.5.2016. The said notification is challenged by the petitioner on the ground that Section 32(3) of The Puducherry Co-operative Societies Act, 1972 which provides reservation for Scheduled Caste candidates has not been followed.

(3.) Mr.D.Srinivasan, learned counsel appearing for the petitioner would contend that reservation for Scheduled Caste candidate has been provided by virtue of amendment to Section 32 of The Puducherry Co-operative Societies Act, 1972. Sub-section (3)(iii) of Section 32 speaks about the reservation of one seat to the Scheduled Caste if the Committee consist of not exceeding 9 members. However, without making any provision for reservation to the Scheduled Caste, election notification has been issued and therefore, it is liable to be quashed. The learned counsel for the petitioner relied upon a judgment of the Hon'ble Supreme Court in Babaji Kondaji Garad vs. Nasik Merchants Co-operative Bank Ltd, Nasik and others, 1984 2 SCC 50}.