IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 31.07.2017 CORAM THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.35108 of 2004 and MP Nos.42333 & 42334 of 2004 J.Vijayakumar ..Petitioner Vs.
1. The Joint Registrar of Cooperative Societies, Chennai Region, No.91, St.Mary's Road, Abiramapuram, Chennai-18
2. The Government Telecommunications Employees Cooperative Society Ltd., Rep.by its Chief Executive, 112, Sembudoss Street, Chennai-600 001. ..Respondents PRAYER:
The Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandumus calling for the records of the second respondent society in relation to their notification published in chennai edition in Dinamani dated 15.11.2004, thereby convening the General Body Meeting of the second respondent society to be conducted on 01.12.2004 and quash the same and also direct the first respondent to take necessary steps to postpone the said General Body Meeting of the second respondent society to any other date and also conduct the said meeting in accordance with the bye-laws of the second respondent society.
For Petitioner : Mr.P.Anandan For Respondents : Mrs.T.Girija, Government Advocate for R1 : Mrs.M.Srividhya for R2 ORDER:
According to the learned counsel for the petitioner, the petitioner is working as Senior Telecomm Operative Assistant in the Office of the BSNL, Chennai. It should be stated here that the BSNL, New Delhi by its notification bearing No.5/SR/2004/VOL.II dated 01.10.2004 has given the procedure for conducting elections. The second respondent society has published a notification dated 15.11.2004 in chennai edition in Dinamani, wherein it has been stated that that the General Body Meeting of the society would be conducted on 01.12.2004. It is understood that the election has to be conducted on the very same day as per notification dated 04.10.2004 which is arbitrary and illegal. Aggrieving over this affair, the petitioner along with five other employees who are also the members of the second respondent society has submitted a representation dated 17.11.2004 to the office bearers of the society with a copy marked to the Joint Registrar of Cooperative Societies, Chennai Region, the first respondent herein and also the Central Registrar, New Delhi, Honourable Central Minister, Chief General Manager, BSNL Chennai Telephones. In this regard, the Secretary of the second respondent society sent a letter dated 23.11.2004 stating that the said general body meeting has been convened in accordance with law. The learned counsel for the petitioner would further submit that while the notification of BSNL, Delhi is the only reference for conducting elections, without following the same, the conducting of the general body meeting is illegal under the provisions of the law. Hence, challenging the notification dated 15.11.2004, the petitioner has filed this writ petition before this Court.
2. It is seen from the records that no interim order has been granted by this Court in this writ petition for staying the general body meeting. Hence, the petitioner's relief as prayed in the writ petition to postpone the general body meeting of the second respondent society has become infructuous. Therefore, at this stage, the said relief cannot be considered by this Court.
3. In view of the above, the writ petition is dismissed.
Consequently, connected miscellaneous petitions are closed. No costs.
31.07.2017 Speaking/Non-speaking order Index : Yes/No Internet : Yes/No lok To
1. The Joint Registrar of Cooperative Societies, Chennai Region, No.91, St.Mary's Road, Abiramapuram, Chennai-18
2. The Chief Executive, The Government Telecommunications Employees Cooperative Society Ltd., 112, Sembudoss Street, Chennai-600 001.
D.KRISHNAKUMAR. J, lok W.P.No.35108 of 2004 and MP Nos.42333 & 42334 of 2004 31.07.2017