D. KABALI Vs. THE JOINT SECRETARY TO GOVERNMENT OF INDIA AND CENTRAL REGISTRAR OF CO-OPERATIVE SOCIETIES, MINISTRY OF AGRICULTURE (CO-OPERATION), GOVERNMENT OF INDIA,

JUDGEMENT

(1.) Petitioner seeks the issuance of writ of certiorarified mandamus, to call for the records in the Election Notification dated 15 -9 -97 and quash the same and direct the Respondents to conduct the Election as per Multi -State Cooperative Societies Act, and pass such further or other orders as this Court may deem fit and proper in the circumstances of the case, and render justice.

(2.) In the affidavit filed in support of the writ petition, it is said that the Petitioner is a member of UCO Bank Co -operative Thrift and Credit Society Limited - X -412, his Membership Number being 1946. As per General Body meeting held on 20 -2 -1993, the Society was converted into a multi -state Co -operative Society. The Central Registrar has issued a Certificate of Registration dated 9 -3 -1994 that the society in question is a multi -state Cooperative Society. The reason for filing this writ petition is that the third Respondent has sent a notice to all the members of the society that the election would be held on 30 -9 -1997. It is said that the election is not in accordance with law and, therefore, Petitioner and other members made oral representations before the first Respondent, and, on their request, the election was postponed without mentioning any date. It is said that the place where the election is proposed to be held is congested and narrow, and it is not a place where the election could be conducted in a disciplined manner. It is further said that the President of the Society has nominated one Gunasekaran as the Election Officer, who is the General Secretary of All India Bank Officers Association, Tamil Nadu Unit and also President of the All India Bank Employees - Tamil Nadu Unit. Both Organisations are twin -banner organizations and they are interested persons in the Welfare of the said Association, and if the Election Officer is allowed to conduct the election, there will not be a fair election, and the Society of which the Petitioner is a member will be put to great loss and hardship. It is further stated that as per Sec. 35(1) of the Multi -State Co -operative Societies Act, the superintendence, direction and control of the preparation of the electoral rolls for and the conduct of elections of the members of the board of such Multi -State Co -operative Society as the Central Government may, by general or special order, notify, shall be vested in such returning officers as may be appointed by the Central Registrar in this behalf. In this case, the President has appointed the returning officers. Therefore, the third Respondent has no authority to conduct the election. It violates the Statute. It is further said that as per Sec. 35 of the Act, atleast 14 days notice of the general meeting for conducting the election shall be given to all the members of the Multi -State Co -operative Society. Such procedure has also been violated in this case. It is said that the appointment of a returning officer should have been at least 60 days in advance of the date of election. That provision is also not complied with. The strength of the Association comes to more than 1000 and usually the time allowed is seven hours. Presently it has been reduced to four hours. That also will show that sufficient time was not given to the Members to exercise their franchise, which is also illegal. For these reasons, the writ Petitioner sought the issuance of writ of mandamus as stated above.

(3.) When the Writ Petition came for admission, I ordered notice of motion. As regards stay petition, I ordered that the voting will go on, but the result will not be published till further orders of Court.