R RAMASAMY Vs. CENTRAL REGISTRAR OF COOPERATIVE

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner is the member of the second respondent Society. THE 2nd respondent Society is managed by the Board of Directors, consisting of 14 Board of Directors and among them, 11 shall be elected by the General Body and two shall be co-opted by the Board from among other members and one shall be the Chief Executive as the ex-officio member of the Board. THE term of the Board of Directors is 5 years and the members of the Board shall elect the President and the Vice-President. THE term of the present Board expired on 02.10.2008 and therefore, the Board met on 27.07.2008 and resolved to hold election for the members of the Board on 14.09.2008 and appointed the 3rd respondent as Returning Officer and after complying with the various provisions of the Rules, Act and Schedule to the election, election was held on 14.09.2009, and in the Annual General Meeting, 208 members attended the meeting and 22 persons contested in the election for electing 11 members and after election was over and after completion of counting of votes, two of the contestants filed petition for recounting of votes and with the consent of all the parties, recounting was fixed on 21.09.2008 and ballot papers were handed over to the Secretary of the Society for safe custody. THEreafter, two persons have given objection to the 3rd respondent stating that the election was not conducted as per the provision of the Multi State Cooperative Societies Act and the Rule framed thereunder, pointing out certain irregularities in the conduct of the election and the 2nd respondent, Returning Officer, after getting legal opinion, cancelled the entire election process, by his proceedings, dated 30.09.2008 stating that the election held on 14.08.2008 is cancelled and consequently recounting of votes is also cancelled and this order is challenged in the writ petition by the petitioner, who is one among the contestant.

(3.) IN the counter, the 2nd respondent also admitted that one contestant, by name Palanisamy and one member S.Ramanathan filed separate petitions, dated 26.07.2008 highlighting the irregularities in the manner of conducting the election and requested the Returning Officer to cancel the election and the Returning Officer after getting legal opinion found that there are irregularities in the manner of conduct of the election and hence, cancelled the election.