TaxTMI 
TaxTMI 
2018 (9) TMI 2148
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.....1 No appearance for R.2 Mr. B. Saravanan for R.3 Mr. Isaac Mohanlal Senior Counsel for M/s. Isaac Chambers for R.4. COMMON ORDER ORDER OF THE COURT WAS MADE BY T.RAJA, J. Writ Petition(MD)No. 19116 of 2018 has been filed by one Mr. C. Dhanabal, seeking a writ of Declaration, declaring the impugned notice dated 20.08.2018 calling for election for the Board of Directors and RGB members for the third respondent Society, as illegal and consequently, direct the respondents 1 to 3 to issue a fresh notice for the said election strictly in accordance with the bye-laws of the third respondent Society, Multi-State Co-operative Societies Act, 2002 and the Rules framed thereunder and also by a retired High Court Judge as Returning Officer for condu....
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....tan Magistrate Court, Egmore, alleging serious complaint against him that he is biased towards the elected Board of Directors who have appointed him as Returning Officer repeatedly. 6. Referring to Section 44(2) of the Multi-State Co-operative Societies Act, 2002, Mr. Veera Kathiravan, learned Senior Counsel submitted that as per Section 44(2) of the Act, no member of a board shall be eligible to be elected as the chairperson or president of a Multi-State co-operative society, after he has held the office, as such during two consecutive terms, whether full or part. While this being the legal position, one Mr. N. Kannaiah was repeatedly allowed to file his nomination in Employees Co-operative Credit Society, Chennai and after his election, ....
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....hat the voters list is not containing any defects, but, on the other hand, the names of several dead persons are shown and this has not been rectified so far. He further submitted that if a retired Judge of this Court is appointed, no prejudice could be caused and the fourth respondent also can continue with the Retired Judge as an Observer. 8. Objecting to the above prayer, Mr. Isaac Mohanlal, learned Senior Counsel appearing for the fourth respondent - Returning Officer submitted that bald and frivolous allegations made against the fourth respondent are wholly untenable since he has been awarded with Padmashri honour. Referring to the award dated 26.01.2018 passed in Arbitration Case Nos. 1 and 2 of 2016 by the Arbitral Tribunal, th....
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....ounsel appearing for the third respondent Society, urging this Court to dismiss the writ petitions as they have been belatedly filed after the election process are almost going to be completed, further, he taking a support from the decision of the Honourable Apex Court in Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha v. State of Maharashtra reported in (2001) 8 Supreme Court Cases 509, wherein it is held that in view of the finding that preparation of the electoral roll being an intermediate stage in the process of election of the Managing Committee of a specified society and the election process having been set in motion, the High Court should not stay the continuation of the election process even thou....
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....l identify the member by putting questions to him with reference to the list of members or delegates eligible to vote in the polling station, furnished to him and therefore, the petitioners have wrongly come to this Court as though without carrying the identity card, no voter is permitted to cast their vote. 12. However, the respective learned Senior Counsel as well as the learned Counsel for the petitioners in all the writ petitions expressing their willingness to appoint one more person as an Observer, requested this Court not to stall the election process. 13. We also agree to the request made by the learned Counsel for the parties. 14. Accordingly, we appoint Mr. V. Sivasubramanian, Retired District Judge, No. 1/349, Judges Aven....