CHENNAI: After observing that there was no impartial inquiry conducted by authorities concerned, the Madras High Court on Tuesday quashed the suspension order of President and a Vice-President of the Perambalur Cooperative Society. The court found that certain rules were flouted by the inquiry committee and directed the registrar of cooperative societies to complete the pending inquiry within eight weeks.
The issue pertains to the president and the vice-president of the Perambur Cooperative Building Society Ltd without getting any administrative sanction had leased out a Rs 5 crore property belonging to the society for a sum of Rs 25,000 per month.
The Joint Registrar of the Society that conducted the investigation found that the duo had allegedly provided consent without getting any administrative sanction. The lessee had also raised permanent structures in the land by renting it to third parties. The registrar, finding gross violation, suspended the duo for six months.Challenging the order the duo moved the court and sought to quash the suspension orders.
The court in its order said, “ ...as removal of an elected office-bearer is concerned, the same is specifically dealt with under Rule 62 of the Rules which lays down the procedure for such removal.” The court also explained by emphasising the election process, “ If there is a legislation which provides for suspension of an elected MLA or an MP pending inquiry on certain serious allegations of irregularities and corrupt practices against him, it would seriously impact the rights of the elected representative of the people who represent them in the Assembly or the Parliament as the case may be. Obviously, this would offend the basic “tenets of democracy..”
There is no material on record to conclude that the suspension was warranted in the public interest or the interests of the society. There is record to show how the Registrar had apprehended that the continuation of the petitioners in office would impede the course of a fair and impartial inquiry, observed the court.