File complaints against co-op society polls with panel: HC

The Madras High Court today directed petitioners who complained of irregularities in the process of elections to co-operative societies to approach the Tamil Nadu state cooperative election commission.

Disposing of a batch of petitions, Justice S M Subramaniam directed the co-operative election commission to consider the complaints in a free, fair and transparent manner and take a decision within eight weeks from the date of receipt of such petitions.

If any specific request was made for the personal hearing by any of the petitioners, the commission should give them the opportunity and then pass orders, the court said.

The commission, being a statutory body, should take into consideration the complaints made against the election officials. If there was any violation of the rules, the criminal procedure code can be invoked against the officials, the high court said.

If a decision was taken in respect of any co-operative society election, the commission was free to declare the results, the court said.

Even after declaration of results and disposal of the petitions, the parties, if aggrieved, could approach the authorities under Section 90 (1) of the Tamil Nadu Co-operative Societies Act.

If any dispute arises under this section, it should be disposed of within six months, provided the party to the dispute co-operates.

In the absence of co-operation, the authority was not bound by the direction on disposal of the dispute in six months.

As directed by the court earlier, the additional registrar/secretary of the commission was present before the court and assisted it in election matters.

Referring to submissions of counsel for the petitioners, alleging irregularities in the polls and the submissions of Additional Advocate General P H Arvindh Pandian that the authorities acted swiftly on the complaints and polls were conducted as per the law and there are only 412 grievance petitions pending, the judge elaborately dealt with provisions of the Tamil Nadu state co-operative elections Act and Rules.

He said this being the legal position, all the aggrieved persons were at liberty to file representations/objections to the commission.

On receipt of the complaints, the commission can call for remarks from the election officer and thereafter is at liberty to take a decision in accordance with the law.

If the decision was taken, it has to be communicated to the parties without any delay, the judge said.

On receiving any such order, if a person was still aggrieved, they could approach the appropriate authorities under Section 90 (1) of the Act.

"This being the scope of the petitions, the court is of the opinion that its direction to approach the commission would address the allegations/grievances raised in the petitions," the judge said.