Joint Registrar of Coop Societies v. K. Gnanaprakasam
2013-07-26
M.JAICHANDREN, M.M.SUNDRESH
body2013
DigiLaw.ai
JUDGMENT : 1. This petition has been filed praying that this court may be pleased to extend the time granted to conduct the election in the Food Corporation of India (South Zone) Employees Co-operative Society Limited, Chennai, by its order, dated 5.9.2012. 2. This court, while dismissing the writ appeal, in W.A.No.2088 of 2011, by its order, dated 5.9.2012, had directed the Returning Officer, who had been appointed, as per the order, dated 1.4.2011, to complete the election process, within a period of three months from the date of receipt of a copy of the order passed by this court. 3. The learned counsel appearing on behalf of the petitioner had submitted that the copy of the order passed by this court had been made ready, on 12.10.2012, and it had been received by the petitioner's predecessor, on 20.10.2012. The petitioner had taken charge as the Returning Officer only on 21.12.2012, and had received the relevant documents from the second respondent Co-operative Society concerned, only on 26.12.2012. 4. It had also been stated that a number of works relating to the election process had not been completed. It had been found that the names of persons, who had already retired from their official posts, were found in the electoral list. Some of them had filed their nominations to contest the elections. Further, the location for the election booths had not been fixed. It had also been stated that the Election Officer, who had initiated the election process pursuant to the order passed by this court on 5.9.2012, had been transferred from Chennai to Ambur Cooperative Sugar Mills, Vellore District. Since the election process involves a large number of voters the petitioner requires the help of an Assistant Election Officer, at the level of the Co-operative Sub Registrar, to assist the petitioner to conduct the election. In such circumstances, the petitioner has prayed that he may be permitted to conduct the election process, pursuant to the order passed by this court on 5.9.2012. 5. It has also been stated that, unless the expenses relating to the election process are met by the second respondent it would not be possible for the petitioner to conduct the election. Section 45(8) of the Multi State Cooperative Societies Act, 2002, prescribes that the expenses relating to the election must be met by the second respondent society.
5. It has also been stated that, unless the expenses relating to the election process are met by the second respondent it would not be possible for the petitioner to conduct the election. Section 45(8) of the Multi State Cooperative Societies Act, 2002, prescribes that the expenses relating to the election must be met by the second respondent society. In such circumstances, the petitioner has prayed for extension of time for conducting the election, as per the direction issued by this court, by its order, dated 5.9.2012, by two months. 6. The learned counsels appearing on behalf of the respondents have no serious objections for this court passing an order extending the time limit prescribed in the order, dated 5.9.2012, for conducting the election in the second respondent Society. 7. In such circumstances, this court finds it appropriate to extend the time limit granted by the order passed by this court, on 5.9.2012, for a further period of three months from the date of receipt of a copy of this order. The petition is ordered accordingly.