In fact, elections of the Cooperative Societies are held in tune with the provisions of the Tamil Nadu Cooperative Societies Act, 1983 and the Tamil Nadu Cooperative Societies Rules, 1988. Rule 52 of the Tamil Nadu Cooperative Societies Rules, 1988 prescribes for the entire process and methodology for conduct of the elections. The publication of the provisional voter list, inviting objections, deciding the objections and thereafter the preparation of the voters list are part of the election process. If a member of the Society feels that some of the members enlisted in the provisional voters list are not members and/or some dead members’ names are included, then that member has the right to mention the objection, within the time specified in the election program, and the Returning Officer or the Competent Officer is mandated to decide the objection raised and thereafter only, the final voters list is prepared. The Members are competent to raise the objections to the said voters list. The voters list of each and every Society cannot be gone into in a public interest litigation. 8. Moreover, a submission is made by the learned Additional Advocate General that the elections would be conducted on the basis of the proper electoral rolls prepared and by adhering to the Rules. 9. In the light of that, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.30360 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 20.10.2023 Index : Yes/No Neutral Citation : Yes/No drm To 1. Tamil Nadu State Co-operative Societies Election Commission, Rep. by its Commissioner No.273, Kamadhenu Supermarket (1st Floor) Anna Salai, Chennai 600 018. 2. The Additional Chief Secretary to Government Co-operation, Food and Consumer Protection Dept. Secretariat, Fort St. George, Chennai 600 009. 3. The Registrar of Co-operative Societies / State Election Officer N.V.N.Maligai, No.170, E.V.R.Periyar High Road Kilpauk, Chennai 600 010. 4. The Deputy Registrar Thiruvallur Region Thiruvallur. 5. The Administrator JJ 754, Thamaraipakkam PACCS Thamaraipakkam, Thiruvallur. THE HON’BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J. (drm) W.P.No.30700 of 2023 20.10.2023. the Petitioner : Mr.V.Prakash Senior Counsel for Mr.P.Suresh Babu For the Respondents : Mr.P.S.Raman Senior Counsel for Ms.M.Sneha for R1 Mr.J.Ravindran Additional Advocate General assisted by Mr.A.Selvendran Special Government Pleader and Ms.Reena Thomas for R2 to R5 ORDER (Made by the Hon’ble Chief Justice) Heard Mr.V.Prakash, learned Senior Counsel for Mr.P.Suresh Babu, learned counsel for the petitioner, Mr.P.S.Raman, learned Senior Counsel for Ms.M.Sneha, learned counsel for respondent 1 and Mr.J.Ravindran, learned Additional Advocate General assisted by Mr.A.Selvendran, learned Special Government Pleader and Ms.Reena Thomas, learned counsel for respondents 2 to 5.

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 20.10.2023
CORAM :
THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.30700 of 2023
C.Dass .. Petitioner
Vs.
1. Tamil Nadu State Co-operative Societies
Election Commission, Rep. by its Commissioner No.273, Kamadhenu Supermarket (1st Floor) Anna Salai, Chennai 600 018.
2. The Additional Chief Secretary to Government
Co-operation, Food and Consumer Protection Dept. Secretariat, Fort St. George, Chennai 600 009.
3. The Registrar of Co-operative Societies /
State Election Officer
N.V.N.Maligai, No.170, E.V.R.Periyar High Road Kilpauk, Chennai 600 010.
4. The Deputy Registrar Thiruvallur Region Thiruvallur.
5. The Administrator
JJ 754, Thamaraipakkam PACCS
Thamaraipakkam, Thiruvallur. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, forbearing the respondents 1 to 3 from conducting election to the 5th respondent society and other similarly placed society without updating the member rolls of the 5th respondent and other similarly placed society.
For the Petitioner : Mr.V.Prakash Senior Counsel for Mr.P.Suresh Babu
For the Respondents : Mr.P.S.Raman Senior Counsel for Ms.M.Sneha for R1
Mr.J.Ravindran
Additional Advocate General assisted by Mr.A.Selvendran Special Government Pleader and Ms.Reena Thomas for R2 to R5
ORDER (Made by the Hon’ble Chief Justice)
Heard Mr.V.Prakash, learned Senior Counsel for Mr.P.Suresh
Babu, learned counsel for the petitioner, Mr.P.S.Raman, learned Senior
Counsel for Ms.M.Sneha, learned counsel for respondent 1 and
Mr.J.Ravindran, learned Additional Advocate General assisted by
Mr.A.Selvendran, learned Special Government Pleader and Ms.Reena
Thomas, learned counsel for respondents 2 to 5.
2. Learned Senior Counsel for the petitioner strenuously
contended that the petitioner is not against the elections to be held in the respective Cooperative Societies, however, expects the elections to be conducted in a proper manner on the basis of genuine authentic
electoral roll and the election should not be a mere farce.
3. According to learned Senior Counsel for the petitioner, earlier, a writ petition was filed before this Court bearing W.P.No.5171 of 2023. The said writ petition was disposed of on the basis of the submissions made by learned Additional Advocate General, appearing for the Additional Chief Secretary to the Government, Co-operation, Food and
Consumer Protection Department and for the Registrar of the
Cooperative Societies, wherein, it was recorded that the Additional Chief Secretary to the Government has pointed out various
shortcomings and irregularities in the electoral rolls and six months’ time was sought to rectify the defects. Assurance was given that the elections would be conducted after the electoral rolls are rectified and are brought in tune with the strict compliance of the Acts, Rules, bye-laws and circulars issued by the Commission to ensure fair and
transparent elections.
4. It is further submitted that no such process has been undertaken by the respondents and on the basis of the same defective electoral rolls, elections are sought to be conducted in all Cooperative Societies across the State of Tamil Nadu. Learned Senior Counsel further submitted that when there are large scale irregularities and illegalities, this Court could take cognizance in the public interest
litigation.
5. Learned Additional Advocate General submits that the
apprehension of the petitioner is misplaced. Every step is taken by the Authorities for the conduct of transparent and fair elections. Electoral rolls have been updated in accordance with law and the elections
would be conducted based on the corrected proper electoral rolls.
6. Amendment have been incorporated in the Tamil Nadu
Cooperative Societies Rules, 1988. The Society is required to delete the name of the deceased member from the Admission Book and the member list, to be maintained by it, within a period of one month from the date on which the death of the member is brought to the notice. Aadhaar Cards are also required to be submitted.
7. In fact, elections of the Cooperative Societies are held in tune with the provisions of the Tamil Nadu Cooperative Societies Act, 1983 and the Tamil Nadu Cooperative Societies Rules, 1988. Rule 52 of the Tamil Nadu Cooperative Societies Rules, 1988 prescribes for the entire process and methodology for conduct of the elections. The publication of the provisional voter list, inviting objections, deciding the objections and thereafter the preparation of the voters list are part of the election process. If a member of the Society feels that some of the members enlisted in the provisional voters list are not members and/or some dead members’ names are included, then that member has the right to mention the objection, within the time specified in the election program, and the Returning Officer or the Competent Officer is
mandated to decide the objection raised and thereafter only, the final voters list is prepared. The Members are competent to raise the objections to the said voters list. The voters list of each and every Society cannot be gone into in a public interest litigation.
8. Moreover, a submission is made by the learned Additional Advocate General that the elections would be conducted on the basis
of the proper electoral rolls prepared and by adhering to the Rules.
9. In the light of that, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.30360 of 2023 is
closed.

(S.V.G., CJ.) (D.B.C., J.)
20.10.2023
Index : Yes/No Neutral Citation : Yes/No drm
To
1. Tamil Nadu State Co-operative Societies
Election Commission, Rep. by its Commissioner No.273, Kamadhenu Supermarket (1st Floor) Anna Salai, Chennai 600 018.
2. The Additional Chief Secretary to Government
Co-operation, Food and Consumer Protection Dept. Secretariat, Fort St. George, Chennai 600 009.
3. The Registrar of Co-operative Societies /
State Election Officer
N.V.N.Maligai, No.170, E.V.R.Periyar High Road Kilpauk, Chennai 600 010.
4. The Deputy Registrar Thiruvallur Region Thiruvallur.
5. The Administrator JJ 754, Thamaraipakkam PACCS Thamaraipakkam, Thiruvallur.
THE HON’BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(drm)
W.P.No.30700 of 2023

20.10.2023