SPECIAL OFFICER VARADARAJASWAMI SILK HANDLOOM WEAVERS CO OPERATIVE SOCIETY G NO 2105 437 GANDHI ROAD KANCHEEPURAM CHINGLEPUT DISTRICT Vs. T ANBALAGAN

JUDGEMENT

(1.) SEVEN members of Ammaiyarkup-pam Saravanan Weavers Co-operative Society, Ammaiyarkuppam-petitioners in W.P.No.11904 of 1988 are the appellants herein and the four respondents therein are the respondents herein. This writ appeal is preferred against the order dated 18.11.1988 in W.M.P.Nos.17747 and 20091 of 1988 in W.P.No.11904 of 1988.

(2.) . The writ petition was filed for issue of a writ of mandamus directing respondents to maintain the status quo as on 13.4.1988 permitting the petitioners to function as members of the Board of Management of the said society, and pending its disposal, in W.M.P.No.17747 of 1988, they have sought for an interim direction which is no different from the prayer made in the writ petition. Respondents 1 to 3 preferred W.M.P.No.20091 of 1988 to vacate the interim stay granted pending the writ petition on 7.10.1988, and both these W.M.Ps.came to be disposed of together on 18.11.1988, vacating the interim direction given on 7.10.1983, dismissing W.M.P.No.17747 of 1988 and allowing W.M.P.No.20091 of 1988. Hence this writ appeal.

(3.) IN May, 1988, Government announced its decision to hold elections for electing members to the Board of Management in Co-operative Societies in Tamil Nadu, and accordingly, notification dated 21.5.1988 was issued under R.52(6) of the Rules fixing the schedule for holding the elections. However, by G.O.Ms.No.345, Co-operation dated 18-8-1988, Government cancelled the holding of election, and there is no likelihood of election being held in near future. A Special Officer came to be appointed for the period upto 12.10.1988. As his term would expire on that day, and under S.89 of the new Act, neither his appointment nor his continuance is valid, the members of the Managing Committee who were holding office on 13.4.1988 alone are entitled to be in Office, and therefore, the writ petition had to be filed.