DIRECTOR OF HANDLOOMS AND TEXTILES OFFICE OF THE DIRECTOR OF HANDLOOMS AND TEXTILES MADRAS 108 Vs. K VENKATESAN

JUDGEMENT

(1.) .: W.A.No.1973 of 1987. This appeal is preferred against the order passed by the learned single Judge of this Court in W.P.No.8833 of 1987 on 7th September, 1987, allowing the Writ Petition on the day when it came up for admission and without ordering notice to issue to any of the impleaded respondents, and therefore, without hearing the affected parties.

(2.) W.P.No.8833 of 1986 was filed by a' Class Member of the third respondent Society (ranking of parties as in Writ Petition). He states that the Society was promoted and incorporated with 54 members on 22.5.1971 to uplift the conditions of the weavers in the area of its operation. It has a complement of 648' Class Members and 244'Class Members in all 992, who have subscribed various amounts as share capital to the total tune of about Rs.6,97,500. It was registered with the second respondent and started functioning with a nominated Board of Directors. The last nomination was made for the period upto 8.10.1987. Even though it had been in existence for the past 16 years, no election was conducted for the Committee and the Board, because of political motivation of the first respondent to nominate members belonging to AIADMK party. As the first two respondents are sure that the members of the third respondent Society will not allow persons belonging to AIADMK party to be elected holding of election had been prevented by resorting to one device or other. As per Chapter V of Tamil Nadu Co-operative Societies Rules, 1963, the first respondents are under legal duty to conduct elections to the Committee of Management, and under Rule 36(1), it shall be held within 90 days immediately preceding the date of expiry of the term of existing Committee, which expired on 8.10.1987 and as no steps had been taken to conduct the elections, the Writ Petition was filed to issue a writ of MANDAMUS to respondents 1 to 3 to conduct election to the Committee of Management of third respondent society.

(3.) THIS Writ petition came up for admission on 7.9.1987. Learned Counsel for the petitioner was heard. After extracting the prayer in the Writ Petition, without assigning any reason or referring to any of the relevant provisions, the writ petition was straightaway ordered by stating as follows: ' '