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No writ petition maintainable against co-operative socities - High Court on 5th December 2009, 10:02 pm
Club Exe
CSoC Super Master
A co-operative society is not a State within the meaning of Article 2 of the Constitution, and hence, a writ petition is not maintainable against such a society, the Madras High Court has held.
Holding that the writ petition filed by the members of Salem Co-operative Mills Ltd, Mohanur in Namakkal district was not maintainable, Mr Justice K. Chandru ruled that if the petitioners were aggrieved by the conduct of the society or the manner in which the general body meeting was convened, the only remedy available to the petitioners was to file a revision under Section 153 of the Tamil Nadu Co-operative Societies Act. This Court on more than one occasion had held that merely because the Special Officer was manning a co-operative society, that itself would not make the society amenable to writ jurisdiction of this Court. “Therefore, duty bound as I am by the judgment of the larger Bench decision in Marappan's case [reported in 2006 (4) CTC 689 – K. Marappan vs Dy Registrar of Co-op Societies, Namakkal Circle], it has to be held that the writ petition is not maintainable,” the Judge ruled. The petitioners in this case claimed to be members and shareholders of Salem Co-operative Mills Ltdand they contended that mills had not convened its annual general body meeting for the past 17 years, as required under the Tamil Nadu Co-operative Societies Act.
When the petitioners came to know of a notice published in a Tamil newspaper that a general body meeting of the mills had been convened on July 5, 2009, they moved this Court challenging the decision to call for the meeting and prayed for a direction to conduct general body meeting in accordance with the provisions of the law. The 2nd petitioner (Mr S.P. Kandasamy), who was President of Mohanur Sugar Factory Cane Growers Association, and the 1st petitioner (Mr N.K. Natarajan), who was General Secretary of Association, objected to convening the meeting.
They said they had made several demands on the Special Officer as also the 2nd respondent, Commissioner of Sugar.
http://www.thehindubusinessline.com/2009/12/05/stories/2009120551871700.htm
Holding that the writ petition filed by the members of Salem Co-operative Mills Ltd, Mohanur in Namakkal district was not maintainable, Mr Justice K. Chandru ruled that if the petitioners were aggrieved by the conduct of the society or the manner in which the general body meeting was convened, the only remedy available to the petitioners was to file a revision under Section 153 of the Tamil Nadu Co-operative Societies Act. This Court on more than one occasion had held that merely because the Special Officer was manning a co-operative society, that itself would not make the society amenable to writ jurisdiction of this Court. “Therefore, duty bound as I am by the judgment of the larger Bench decision in Marappan's case [reported in 2006 (4) CTC 689 – K. Marappan vs Dy Registrar of Co-op Societies, Namakkal Circle], it has to be held that the writ petition is not maintainable,” the Judge ruled. The petitioners in this case claimed to be members and shareholders of Salem Co-operative Mills Ltdand they contended that mills had not convened its annual general body meeting for the past 17 years, as required under the Tamil Nadu Co-operative Societies Act.
When the petitioners came to know of a notice published in a Tamil newspaper that a general body meeting of the mills had been convened on July 5, 2009, they moved this Court challenging the decision to call for the meeting and prayed for a direction to conduct general body meeting in accordance with the provisions of the law. The 2nd petitioner (Mr S.P. Kandasamy), who was President of Mohanur Sugar Factory Cane Growers Association, and the 1st petitioner (Mr N.K. Natarajan), who was General Secretary of Association, objected to convening the meeting.
They said they had made several demands on the Special Officer as also the 2nd respondent, Commissioner of Sugar.
http://www.thehindubusinessline.com/2009/12/05/stories/2009120551871700.htm
2 Re: No writ petition maintainable against co-operative socities - High Court on 20th November 2010, 4:21 pm
dinesh558
CSoC Smart User
very useful
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