K.RADHAKRISHNAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Petitioner has filed the instant writ petition for a Declaration, declaring the provisions of Tamil Nadu Cooperative Societies Act U/s.34(1)(c)(ii) of Tamil Nadu Cooperative Societies Act as null and void and ultra vires of the Constitution of India.

(2.) Supporting the prayer sought for, petitioner has contended that he was working as a Manager in Villupuram Cuddalore Districts Cooperative Milk Producers Union, Villupuram and then, he was allowed to retire from service on 31.08.2016. Thereafter being one of the members in the above said Keerapalayam PACCS, he decided to contest in the Board of Directors election. For the said Cooperative Society election, nominations were received by the Election Officer on 09.04.2018. But pursuant to the order of this Court, election was not conducted in Tamil Nadu including the abovesaid society, and as per directions of this Court, the above said society elections were rescheduled. Accordingly on 07.08.2018, election was conducted and he was elected, as one of the Directors for the above said society, and subsequently on 11.08.2018, he was elected as President of the said society.

(3.) He further contended that one of the elected candidates Mr.Saravanan, who has not assumed the office as Director in the said society, made representations before the Joint Registrar of Cooperative Societies, Cuddalore District and the Deputy Registrar of Cooperative Societies, Chidambaram Circle, Cuddalore District/respondent Nos.2 and 3 herein, stating that the petitioner was disqualified from contesting in the above said Cooperative Election, since the petitioner was working in the abovesaid Cooperative Society, and retired from service on 31.08.2016, and as per Section 34(1)(c)(ii) of Tamil Nadu Cooperative Societies Act, 1983, the petitioner was not eligible to contest the election, since two years period from date of retirement in the cooperative society has not expired. Petitioner had worked as a Manager in Milk Producers Cooperative Union, but the said Saravanan has made representation on 09.08.2018 for disqualifying the petitioner as Director and also filed Writ Petition in W.P.No. 20967 of 2018, for disqualification. On 10.09.2018, this Court disposed of the said writ petition, giving directions to the Deputy Registrar of Cooperative Societies, Chidambaram Circle, Cuddalore District/3rd respondent herein, to consider Saravanan's representation dated 09.08.2018 and pass orders on merits within a period of six weeks and now the enquiry is conducted by the 3rd respondent herein.