C ARUMUGAM Vs. COMMISSIONER

JUDGEMENT

(1.) This writ petition, by way of Public Interest Litigation, has been filed for orders in the nature of writ of Certiorarified Mandamus calling for the records on the file of the second respondent in their proceedings No.NIL, published in the Newspaper - Daily Thanthi, dated 12th March, 2018, for the Co-operative Society Election in Madurai District. The challenge is on the ground that notice has not been published clear 30 days in advance.

(2.) Rule 52(6)(a) of the Tamil Nadu Co-operative Societies Rules, 1988 (hereinafter referred to as 'the Statutory Rules'), provides that the District Election Officer or the Election Officer shall send notice of election to the members, who, on the date 30 days prior to the date of poll, were the members of the Society. The requisites of the notices are stipulated in sub-rules 6(a)(i) to 6(a)(v) to Rule 52 of the Statutory Rules. Sub-rule 6(b) to Rule 52 of the Statutory Rules provides that the election notice is to be sent at least 15 days prior to the date of the poll, by one or more of the modes stipulated under the said Rule.

(3.) On a perusal of sub-rule 6(a) to Rule 52 of the Statutory Rules, it is patently clear that the same does not pertain to the notice period, but, refers to the category of members to whom notice is to be separately sent - they are the members, who, on the date 30 days prior to the date of poll, were members of the Society. In other words, there is no requirement to send notice to a member, who was not such a member at least 30 days prior to the date of the poll. The period of notice is stipulated in sub-rule 6(b) to Rule 52 of the Statutory Rules, i.e. notice of 15 days.