Chennai: Granting liberty to the aggrieved persons including fresh complainants to submit their applications/grievance petitions/complaints/materials available with them in respect of the conduct of elections to the co-operative societies across the state, without any further delay, the Madras high court has directed the Tamil Nadu State Cooperative Societies Election Commission (TNSCSEC), on receipt of such complaints/applications/grievance petitions, shall consider the same and also provide personal hearing, if any request was made, in a free and fair and transparent manner.
Justice S.M. Subramaniam gave the directive while disposing of a batch of petitions relating to conduct of cooperative societies’ election in the state. The judge said TNSCSEC should apply its mind while considering grievance petitions. Such an endeavour of completing the process and taking a decision should be done within eight weeks from the date of receipt of such grievance petitions. If a decision was taken in respect of any cooperative society, TNSCSEC was free to declare the results.
After the declaration of results and disposal of the grievance petitions, if the party was still aggrieved, they can approach the authorities under section 90 (1) of the Tamil Nadu State Cooperative Societies Act.
In the event of raising dispute under section 90 of the Act, the same shall be disposed of within 6 months, subject to the condition that the party to the dispute shall co-operate. If there was no cooperation the authority was not bound by this direction, the judge added.
The judge said as directed by this court, the additional registrar/secretary, TNSCSEC was present before this court and assisted the court in respect of details of elections.
Recording the submissions of the counsel for the petitioners alleging irregularities, illegalities committed during cooperative societies election and the submission of Additional advocate general P.H. Arvindh Pandian that the authorities have acted swiftly on the complaints received and elections were held as per the procedure and there were only 412 grievance petitions were pending, the judge in his order elaborately dealt with the provisions of the Tamil Nadu State Cooperative Societies Act and Rules and pointed out the alternative remedy available to the aggrieved persons.
“This being the legal position, all the aggrieved persons from and out of elections conducted in respect of co-operative societies is at liberty to file representations/objections to the TNSCSEC. On receipt of the same, TNSCSEC shall call for remarks from the election officer and thereafter, it is at liberty to take a decision in accordance with law,” the judge said adding that if a decision is taken, it is to be communicated to the parties without any delay.
