Cooperative case WP.No.12706/2021 WP.No.12706/2021 [Video Conferencing] D.KRISHNAKUMAR, J., (1)Mr.M.R.Gokul Krishnan, learned Government Advocate accepts notice on behalf of the 1 st respondent and Mr.M.S.Palaniswamy, learned Standing counsel accepts notice on behalf of the 3rd respondent.

[6/15, 20:27] Sekarreporter1: WP.No.12706/2021
WP.No.12706/2021
[Video Conferencing]
D.KRISHNAKUMAR, J.,
(1)Mr.M.R.Gokul Krishnan, learned Government Advocate accepts notice
on behalf of the 1
st respondent and Mr.M.S.Palaniswamy, learned
Standing counsel accepts notice on behalf of the 3rd respondent.
(2)Mr.P.H.Arvindh Pandian, learned Senior counsel assisted by
Mr.L.P.Shanmugasundaram, learned counsel for the petitioner would
submit that Patlur Primary Agricultural Credit Society is formed under
the provisions of the Tamil Nadu Cooperative Societies Act, 1983, and
elections were conducted by the 3
rd respondent for election and selection
of the office bearers for the said Society and the petitioner has been
elected as the President of the said Society.
(3)Learned Senior counsel placed reliance upon the interim order passed by
the Madurai Bench of this Court dated 12.04.2018 made in WP [MD]
No.7620/2018 [wherein challenge was made against the election
proceedings conducted during March 2018] and WPMP [MD]
No.7186/2018, wherein the Madurai Bench had stayed all further
proceedings in respect of the election process of the Tamil Nadu
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Cooperative Societies. The Special Leave Petition preferred by the 3
rd
respondent / Election Commission was also disposed of by the Hon’ble
Apex Court on 07.05.2019 with certain directions.
(4)It is his further submission that pursuant to the directions of the Hon’ble
Apex Court, the Hon’ble First Bench of this Court has appointed Four
Committees for each Zone, headed by the Hon’ble Retired Judges who
shall decide the complaints in respect of the election process in
accordance with the provisions of the TNCS Act, 1983 and the Rules,
1988.
(5)Learned Senior counsel strongly opposes the Press Release / Statement
made by the Hon’ble Minister for Cooperation, Food and Consumer
Protection, Government of Tamil Nadu, wherein the Hon’ble Minister had
stated that several complaints have been received against the Office
Bearers of the Cooperative Societies and those complaints would be
enquired as per law and action would be initiated appropriately and as
regards dissolving of the said Societies and conducting of fresh elections,
a Policy Decision would be taken by the Government.
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(6)It is the argument of the learned Senior counsel that the above said
statement of the Hon’ble Minister is beyond the domain of the
Constitutional provisions and the dissolving of the Society would be
against Article 243-ZK of the Constitution of India.
(7)When this Court posed a question as to whether a Press Statement can be
challenged under Article 226 of the Constitution of India, the learned
Senior Counsel placed reliance upon the decision reported in 2018 [4]
CTC 673 [R.S.Bharathi, Organising Secretary, DMK Party, Chennai V.
Government of Tamil Nadu rep.by the Chief Secretary, Secretariat,
Fort St George, Chennai-9 and others].
(8)This Court pointed out that the said judgment arose out of an extra-
ordinary situation and the present case does not face any extra-ordinary
situation warranting interference.
(9)He also relied on the following decisions [a]1959 Supp [2] SCR 316 :
AIR 1959 SC 725 [Kavalappara Kottarathil Kochunni @ Moopil Nayar
and Others V. State of Madras and Others] and [b] 1990 [1] SCC 328
[S.M.D.Kiran Pasha V. Government of Andhra Pradesh and Others].
(10)According to the learned Senior Counsel appearing for the petitioner,
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based on the aforesaid Press Statement, the Hon’ble Minister has initiated
action to terminate the tenure of the elected Office Bearers as expressed
by the Hon’ble Minister and hence, the petitioner has approached this
Court by filing this writ petition, based on the said Press Statement.
(11)Mr.R.Shunmugasundaram, learned Advocate General assisted by
Mr.M.R.Gokul Krishnan, learned Government Advocate appearing for
the 1
st respondent refuting the arguments advanced by the learned Senior
counsel appearing for the petitioner, would submit that the petitioner has
approached this Court at the premature stage and the Press Statement of
the Hon’ble Minister is based on several complaints received as against
the elected Office Bearers of the Cooperative Societies for
mismanagement. Therefore, based on the same, the authority is to take
action under Section 88 of the Tamil Nadu Cooperative Societies Act,
1983 and to that context, the Hon’ble Minister has made the Press
Statement and the same is well within the competence and it does not
indicate the petitioner-Society in particular and that the same would be
dissolved.

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(12)The learned Advocate General has further submitted that the petitioner
has filed the present writ petition seeking a blanket order in order to
escape from the clutches of law and action being taken against the
complaints made against the Office bearers of the Societies under the
provisions of the relevant Act and Rules. Further, the petitioner wants
preventive action in advance which is not permissible and no anticipatory
remedy can be given under Article 226 of the Constitution of India.
(13)It is the submission of the learned Advocate General that based on the
complaints, the Hon’ble Minister made the said Press statement that the
complaints with regard to mismanagement of the Societies will be
enquired and a policy decision would be taken by the Government as
regards dissolving the Societies and conducting of fresh elections, to that
effect.
(14)The learned Advocate General seeks time for getting written
instructions from the State Government and to file the same before this
Court.
(15)Recording the above submissions of the learned Advocate General,
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