A. MANI Vs. JOINT REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) Heard the Learned Counsel for the Petitioner and the Learned Government Advocate for the 1st Respondent.

(2.) The case of the petitioner is that, he is the elected President of Vanapuram Primary Agricultural Cooperative Credit Society, Thandrampattu Taluk, Thiruvannamalai District. The 2nd respondent is one of the member of the Society. He is inimically towards the petitioner for not sanctioning loan as per his dictates. Hence, he filed Writ Petition in W.P.No.32237 of 2018 to dispose of the representation given to the 1st respondent for removal from the post of President on the ground that the petitioner daughter-in-law is working as a Sales Woman in a fair price shop run by the Society. The Hon'ble High Court directed the 1st respondent to dispose of the 2nd respondent's representation in accordance with law vide its order dated 06.12.2018. Pursuant to that, the 1st respondent has passed impugned order holding that the petitioner herein is disqualified to hold the post of President of the said society under Section 34(1) of the Co-operative Society since, Rajalakshmi W/o.Arun Kumar is employed as a Sales woman in a fair price shop run by the Society. The said Arun Kumar is son of the petitioner. So, considering the provisions under the Co-operative Societies, which debars a person holding the post in the Society if any of the Blood relatives are paid employee in the said Society.

(3.) According to the petitioner herein, he admits the fact that his daughter-in-law Rajalakshmi is working as a Sales woman in a fair price shop run by the Society. However, according to him, the post of Sales woman is not a cadre post sanctioned by the Government for a fair price shop. When Rajalakshmi is not serving under the cadre post, her employment in the Society as a Sales woman will not stand a bar for the petitioner to hold the post of President. According to the petitioner, Rajalakshmi was employed as a Sales woman for the past 9 years.