Madras High Court
D.Arasu vs The Deputy Registrar Of Coop. Societies on 9 January, 2014
Author: S.Manikumar
Bench: S.Manikumar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.01.2014
CORAM:
THE HONOURABLE MR. JUSTICE S.MANIKUMAR
W.P.No.835 of 2014
D.Arasu ... Petitioner
vs.
1. The Deputy Registrar of Coop. Societies,
Vellore Circle, Vellore 1.
2. The Coop. Sub Registrar / Field Officer,
K.V.Kuppam, Vellore District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of certiorari, calling for the entire records relating to the impguned order passed by the 2nd respondent in his proceedings No.Nil, dated 04.01.2014 and quash the same.
For Petitioner : Mr.C.Prakasam
For Respondents : Mr.L.P.Shanmugasundaram
Spl. Govt. Pleader (Co.op.)
ORDER
Earlier vide proceedings in R.C.No.1476/2013 dated 12.08.2013, the Deputy Registrar of Co-operative Societies, Vellore Circle, Vellore has requested the President / Vice President and Board of Directors to convene a meeting with reference to a 'No Confidence Motion' made against the President and the Vice President, respectively. Being aggrieved by the same, the President of Sembedu Primary Agricultural Co.-op., Credit Society, Sembedu, Gudiyatham Taluk, Vellore District, placing reliance on Rule 62 of the Tamilnadu Co-operative Societies Rules, 1988, has filed a writ petition in W.P.No.24469 of 2013, to quash the abovesaid proceedings,. Reliance has also been placed on the decision of this Court in V.Kuppanna Vs. The Deputy Registrar, Co-operative Societies, Tiruvallur and two others, reported in 2001 (1) CTC 279, wherein this Court, after considering the contentions viz., (1) that the impugned notice violates Section 33(14) and 33(15) of the Tamilnadu Co-operative Societies Act, 1983, that the Registrar ought not to have convened the meeting on his own without giving an opportunity to the petitioner therein viz., the President to convene the meeting and (2) the impugned proceedings also violates Rule 62(3) of the Tamilnadu Co-operative Societies Rules, which contemplates that the Registrar shall exercise such power under Section 33(14) and 33 (!5) only within thirty days from the date of receipt of the requisition and after taking note of date of representation and the meeting scheduled, set aside the notice dated 23.08.2000, impugned therein and also consequential resolution of the third respondent therein dated 28.08.2000.
2. When W.P.No.24469 of 2013, came up for hearing, on instructions from the Deputy Registrar of Co-operative Societies, Vellore Circle, Vellore, and based on the proceedings in R.C.No.2939 of 2013 dated 18.11.2013, addressed to the President of Society and to all the Board of Directors of the said Society, Mr.L.P.Shanmugasundaram, learned Special Government Pleader submitted that the proceedings dated 12.08.2013, impugned in W.P.No.24469 of 2013, had been withdrawn. Placing on record the said submission, W.P.No.24469 of 2013, has been dismissed, as nothing survived, in the natter for further adjudication.
3. Perusal of the impugned order in this writ petition shows that subsequently, on 18.12.2013, seven Board Members, stated to have made a representation dated 18.12.2013, stating that the President and Vice President of the Society do not have the majority support. In their requisition dated 18.12.2013, they have also, stated that without any proper intimation, to the above said seven board of directors, resolutions have been passed, by the President and Vice President of the Society, with only four members of the Board and in such circumstances, the majority of the members, by their representation dated 18.12.2013, have requested the Deputy Registrar of Co-operative Societies, Vellore Circle, Vellore, to convene a meeting to remove the elected President and Vice President, respectively.
4. Perusal of the impugned proceedings dated 04.01.2014, further discloses that on receipt of the request dated 18.12.2013, the Deputy Registrar of Co-operative Societies, Vellore Circle, Vellore, vide letter No.2939/13 dated 18.12.2013 and 31.12.2013, respectively, has sought for explanation from the President and Vice President of the Society. The proceedings further disclose that even after the receipt of the notices, the President and Vice President of the Society have not made any representation or submitted any explanation and that therefore, in exercise of the powers under Rule 62(4) of the Tamilnadu Co-operative Societies Rules, 1988, the Deputy Registrar of Co-operative Societies, Vellore Circle, Vellore, has convened a meeting on 10.01.2014 at 11.00 a.m., in the office premises of the society. The said proceedings has been intimated to all the Board members.
5. Placing reliance on rule 62(8) of the Tamilnadu Co-operative Societies Rules, 1988, Mr.C.Prakasam, learned counsel for the petitioner submitted that as per the said rule, if no confidence motion is not carried by such a majority referred to in sub-rule(6), or if the meeting cannot be held for want of the quorum referred to in sub-rule(5), no requisition for bringing any subsequent motion expressing want of confidence in the same office bearer shall be received until after the expiry of six months of the date of the meeting. No other point has been urged.
6. Mr.L.P.Shanmugasundaram, learned Special Government Pleader, is put on notice.
7. As per Rule 62(1) of the Tamilnadu Co-operative Societies Rules, 1988, an elected office-bearer may be removed by a resolution expressing no confidence in him passed in a special meeting of the board. As per Rule 62(2) of the abovesaid rules, no special meeting of the board shall be convened unless a requisition in writing signed by not less than two-third of existing members of the board of the society at the time of such requisition who are eligible to vote at elections is presented to the Registrar.
8. As per Rule 62(3) of the abovesaid rules, As soon as such a requisition is received, the Registrar shall communicate a copy of the requisition to the office-bearer concerned, calling upon him to make his representation, if any, within such time as may be specified by him. The Registrar shall, within thirty days from the date of receipt of such requisition arrange to convene a special meeting of the board of the society, for consideration of the resolution expressing no confidence in the office-bearer for which not less than three clear days' notice shall be given. A copy or gist of the requisition and of the representation, if any, received from the office bearer concerned shall also be sent to the members along with the notice for the special meeting of the board.
9. Reverting back to the challenge made to the proceedings in R.C.No.1476/13 dated 12.08.2013, by which the Deputy Registrar of Co-operative Societies, Vellore Circle, Vellore, has requested to the President, Vice President and the board of directors to convene a meeting with reference to the no confidence motion against the President and Vice President respectively, the same was withdrawn by a subsequent proceedings in R.C.No.2939/13 dated 18.11.2013, on the grounds that notice directing to convene the meeting was made after 30 days from the date of receipt of the requisition by the members of the board.
10. For better appreciation, the proceedings in R.C.No.2939/13 dated 04.01.2014, is reproduced.
1988k; Mz;L jkpH;ehL Tl;Lwt[r; r';f';fspd; tpjpfs; tpjp vz;/62?d; fPH; mspf;fg;gLk; epu;thf rig rpwg;g[ Tl;lk; Tl;lg;gLtjw;fhd mwptpg;g[ Kd;dpiy: jpU/$p/mUl;bgUk;n$hjp Tl;Lwt[ rhu;gjpthsu; - fs mYtyu;
ehs; 4/1/14 bghUs; rp/2582 brk;ngL bjhlf;f ntshz;ik Tl;Lwt[ fld;
r';fk; 1988k; Mz;L jkpH;ehL Tl;Lwt[ r';f';fspd;
tpjpfs; tpjp vz;/62?d; fPH; epu;thf rig rpwg;g[ Tl;lk;
Tl;Ljy; ? bjhlu;ghf/ ghu;it 1/ brk;ngL bjhlf;f ntshz;ik Tl;Lwt[ fld; r';f VG epu;thf cWg;gpdu;fs; tpz;zg;gk; ehs; 18/12/2013 2/ Jizg;gjpthsu;.ntY}u; mtu;fspd; fojk; vz;/2939- 2013nj. ehs; 18/12/13. 31/12/13 (jiytu;.
Jizj;jiytUf;F mDg;gpaJ) 3/ Jizg;gjpthsu;. ntY}u; bray;Kiw Miz vz;/2939-13 nj ehs; 2/1/14/ ghu;it 1y; fhQqk; brk;ngL bjhlf;f ntshz;ik Tl;Lwt[ fld; t';fpapd; VG epu;thff;FG cWg;gpdu;fs; Jizg;gjpthsu;. ntY}u; mtu;fSf;F 18/12/13 njjp ifbahg;gkpl;L mspj;j nfhhpf;if kDtpy; brk;ngL bjhlf;f ntshz;ik Tl;Lwt[ fld; r';f jiytu;. Jizj;jiytUf;F r';fj;jpd; bgUk;ghd;ik (bk$hhpl;o) VG (7) cWg;gpdu;fspd; Mjut[ ,y;yhjjhy; jiytu; r';fj;jpd; m';fj;jpdu;fSf;F ve;j flDk; tH';ftpy;iy vdt[k;. epu;thfk; bray;glhky; r';fj;jpd; eltof;if Kl';fpa[s;sjhy; m';fj;jpdu;fSf;F murpd; ve;e tl;or;rYifa[k; bgw;W ju KoahkYk; cs;s epiyapy;. jiytu; epu;thf rig Tl;lj;ij VG(7) epu;thf rig ,af;Feu;fSf;F mwptpf;fhky;. 4 epu;thf rig cWg;gpdu;fis itj;J rl;lk; kw;Wk; Jiz tpjpfSf;F g[wk;ghf jPu;khdk; epiwntw;wtjhy; r';fj;jpd; eltof;iffis bewpKiwgLj;jt[k; r';fj;jiytu;. Juizj;jiytu; kPJ ek;gpf;ifapy;yh jPu;khdk; ,aw;wp g[jpa jiytu; Jizj;jiytu; nju;t[ bra;a epu;thf rig rpwg;g[ Tl;lj;jpid Tl;LkhW nfhhpa[s;shu;fs;. mjdog;gilapy; ghu;it 2y; fhQqk; fojk; K:yk; nkw;fhQqk; nfhhpf;if bjhlu;ghd jkJ tpsf;fj;jpid 7 ehl;fSf;Fs; Jizg;gjpthsu; ntY}u; mYtyfj;jpw;F rku;g;gpf;f 20/12/13y; mwptpg;g[ mDg;gg;gl;lJ/ ,t;twptpg;gpid jiytu; jpU/o/muR. 26/12/13?Yk; Jizj;jiytu; jpU/V/nf/uhjhfpUc&;zd; 23/12/13?Yk; bgw;Wf;bfhz;L tpsf;fk; Vjk; Jizg;gjpthsu;. ntY}Uf;F fhybfLt[f;Fs; rku;g;gpf;ftpy;iy/ vdnt. ghu;it 3y; fhQqk; Jizg;gjpthsu;. ntY}u; mtu;fspd; bray;Kiw Mizpad;go brk;ngL bjhlf;f ntshz;ik Tl;Lwt[ fld; r';fj;jpd; rhu;ghf epu;thf rig rpwg;g[f; Tl;lk; jkpH;ehL Tl;Lwt[ r';f rl;lk; tpjp vz;/62?d; cg tpjp (4)?d; go vdJ jiyikapy; 10/01/2014?k; njjp fhiy 11/00 kzp mstpy; brk;ngL bjhlf;f ntshz;ik Tl;Lwt[ fld; r';f fl;olj;jpy; eilbgw cs;sJ/ nkw;fhz; bghUs; bjhlu;ghf eilbgWk; epu;thf rig rpwg;g[ Tl;lj;jpy; jiytu;. Jizj;jiytu; kw;Wk; midj;J epu;thf rig cWg;gpdu;fSk; fye;J bfhs;s nfl;Lf;bfhs;sg;gLfpwJ/ ,izg;g[: 1/ epu;thf rig VG cWg;gpdu;fspd nfhhpf;if kD/ nfhhpf;if kD bjhlu;ghf jiytu;. Jizj;jiythpd; tpsf;fk; Fwpj;j fhy bfLt[f;Fs; Jizg;gjpthsUf;F fpilf;f bgwhjjhy; ,izf;fg;gltpy;iy/ $p/mUl;bgUk;n$hjp Tl;Lwt[ rhu;gjpthsu; - fs mYtyu;/ nf/tp/Fg;gk Translated version of the above proceedings, is as follows:
"Notice to convene Special meeting of the Executive Committee provided under Rule No.62 of the Tamil Nadu Co-operative Societies Act, 1988.
Present: Thiru.G.Arutperumjothi Co-operative Sub Registrar / Field Officer Date: 04.01.2014 Sub: Convening of Special meeting of the Executive Committee of C.2582 Sembedu Primary Agricultural Co-operative Credit Society under Rule No.62 of the Tamil Nadu Co-operative Societies Act, 1988 reg.
Ref: 1. Petition dated 18.12.2013, from the Seven Executive Members of the Sembedu Primary Agricultural Co-operative Credit Society.
2. Letter No.2939/2013 dated 18.12.2013 and 31.12.2013 from the Deputy Registrar, Vellore, sent to the President and Vice President.
3. Proceedings No.2939/13 dated 02.01.14 of the Deputy Registrar, Vellore.
In the requisition petition signed on 18.12.2013 and addressed to the Deputy Registrar, Vellore by the Seven Executive Committee Members of the Sembedu Primary Agricultural Co-operative Credit Society, which is 1st cited under reference, it was mentioned that since the President and the Vice President do not have the support of the majority of seven (7) members, the President did not give any loan to the members of the society and since the activities of the society have been crippled and the management could not function, a situation prevails in which the interest waiver benefits of the Government could not be given to the members. The President without informing the Seven Executive Committee Directors, passed resolution keeping only 4 Executive Committee members, as against the Act and the by laws, no-confidence resolution was passed against the President and the Vice President of the Society, to regularise the activities of the Society and the Executive Committee requested to convene a special meeting of the Executive Committee to select new President and Vice President. On that basis, notice was sent on 20.12.2013 through the letter 2nd cited under reference, to the Vice President asking him to tender his explanation with regard to the aforesaid requisition, to the office of the Deputy Registrar, Vellore within 7 days. The said notice was received by Thiru.T.Arasu, the President on 26.12.2013 and by Thiru.A.K.Radhakrishnan, the Vice President on 23.12.2013, but no explanation was submitted by them to the Deputy Registrar, Vellore within the stipulated period.
Therefore, as per the proceedings of the Deputy Registrar, Vellore, 3rd cited under reference, the Special meeting of the Executive Committee, on behalf of the Sembedu Primary Agricultural Co-operative Credit Society, will be held as per Rule No.62, Sub Rule (4) of the Tamil Nadu Co-operative Society Act, at the Sembedu Primary Agricultural Co-operative Credit Society building on 10.01.2014 at 11.00 a.m. The President, Vice President and all the members of the Executive Committee are requested to attend the special meeting of the Executive Committee with regard to the aforesaid subject.
Enclosure: Requisition petition from the seven members of the Executive Committee. Since the explanation from the President and the Vice President in respect of the aforesaid requisition petition was not received, within the stipulated period, it is not enclosed.
G.Arutperumjothi Co-operative Sub Registrar / Field Officer, K.V.Kuppam"
11. Now on the basis of a fresh requisition dated 18.12.2013, the Deputy Registrar of Co-operative Societies, Vellore Circle, Vellore, vide proceedings dated R.C.No.2939/13 dated 18.12.2013 and 31.12.2013, has requested the President / Vice President of the society, to make his representation, within seven days from the date of receipt of the notice.
12. As stated supra, though, both the President and Vice President of the Society have acknowledged the notices on 26.12.2013 and 23.12.2013, respectively, they have not made any representation. Resultantly, the Registrar is obligated to convene a special meeting of the board of Society, for consideration of any resolution expressing no confidence motion in the office-bearer, within thirty days from date of receipt of such representation. Thus, giving three clear days' notice vide impugned proceedings dated 04.01.2014, the Deputy Registrar of Co-operative Societies, Vellore Circle, Vellore, has convened a special meeting of the board of the society on 10.01.2014. Thus, it could be seen that Rule 62(3) has been complied with, in letter and spirit.
13. Sub-Rule 8 of Rule 62 of the Tamilnadu Co-operative Societies Rules, 1988, has no application to the facts of this case. Sub-Rule 8 of Rule 62, contemplates two situations viz.,
(i) if no confidence motion is not carried by such a majority referred to in sub-rule(6), or
(ii) if the meeting cannot beheld for want of the quorum referred to in sub-rule(5).
14. At this juncture, it is relevant to extract sub-rules 5 and 6 of Rule 62 of the Tamilnadu Co-operative Societies Rules, 1988.
(5) The quorum for such special board meeting shall be a majority of the existing members of the board who are eligible to vote at elections.
(6) No resolution of the board passing the no confident motion against an elected office-bearer and removing him from the office shall be valid unless such a resolution is passed by not less than two -thirds of the members present and voting at the special meeting of the board.
15. In the case on hand, the special meeting sought to be convened itself, has not been held, as the earlier notice dated 12.08.2013, had been withdrawn by the Deputy Registrar of Co-operative Societies, Vellore Circle, Vellore, vide R.C.No.2939/13 dated 08.11.2013. Unless and until, a special meeting had been convened and if any of the conditions mentioned in sub-rule 8 of Rule 62 of the Tamilnadu Co-operative Societies Rules, 1988, is not satisfied, then no request to convene a subsequent meeting expressing want of confidence in the office bearer shall be received, until after the expiry of six months of the date of the meeting. In the case on hand, such a situation has not arisen at all, for invoking sub-rule 8 of Rule 62 of the Tamilnadu Co-operative Societies Rules, 1988. The meeting has not been convened at all. Therefore, rule 62(8) has no application to the facts of this case. Therefore, the writ petition filed invoking rule 62(8), has to be dismissed. It is also pertinent to note that sub rule 3 of rule 62, contemplates the Registrar to communicate a copy of the requisition to the office bearer, calling upon him to make a representation, if any, within a time specified by him. It does not contemplate a meeting to be convened by the President, after the requisition expressing "No Confidence" against the office bearer, is received by the Registrar. Therefore, the question of giving an opportunity to the President does not arise and such a procedure is not contemplated in the rules.
16. For the foregoing reasons, the writ petition is dismissed. No costs. Consequently, the connected Miscellaneous Petitions are closed.
09.01.2014 Index : Yes Internet: yes ars To
1. The Deputy Registrar of Coop. Societies, Vellore Circle, Vellore 1.
2. The Coop. Sub Registrar / Field Officer, K.V.Kuppam, Vellore District.
S.MANIKUMAR, J ars W.P.No.835 of 2014 09.01.2014