LAWS(MAD)-2014-1-55

D. ARASU Vs. DEPUTY REGISTRAR OF COOP. SOCIETIES

Decided On January 09, 2014
D. Arasu Appellant
V/S
DEPUTY REGISTRAR OF COOP. SOCIETIES Respondents

JUDGEMENT

(1.) 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. Deputy Registrar, Co-operative Societies, Tiruvallur and two others, 2001 1 CTC 279, wherein this Court, after considering the contentions viz.,

(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Special Government Pleader submitted that the proceedings dated 12.08.2013, impugned in W.P.No.24469 of 2013, had been withdrawn.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.