The Madras High Court disposed of a Public Interest Litigation (PIL) filed seeking directions forbearing the respondents from conducting election to the Primary Agricultural Cooperative Credit Societies (5 th respondent society) and other similarly placed society without updating the member rolls of the 5 th respondent and other similarly placed society.

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.

According to Senior Counsel for the petitioner, earlier, a petition was filed before the Court in 2023. The said petition was disposed of on the basis of the submissions made by 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.

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. The Senior Counsel further submitted that when there are large scale irregularities and illegalities, the Court could take cognizance in the public interest litigation.

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.

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.

The Division Bench of Chief Justice Sanjay V. Gangapurwala and Justice D. Bharatha Chakravarthy observed that 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.

Moreover, a submission is made by the Additional Advocate General that the elections would be conducted on the basis of the proper electoral rolls prepared and by adhering to the Rules.

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