A petition was filed in the Madras High Court seeking the removal of railway unionist N Kanniah, alleging he was "illegally" occupying the post of chairman of Railway Employees Cooperative Credit Society Ltd for the past 20 years.
Admitting the plea by A Janakiraman, Justice V Bharathidasan Friday issued notice to the society, Kanniah, and the central registrar of the Multi State Cooperative Societies, returnable by four weeks.
The petitioner submitted that Kanniah had held the position of society's chairman since 1998 and this was a 'blatant violation' of the Multi State Cooperative Societies Act.
Referring to section 44(2) of the act, the petitioner claimed that if any person was the chairman when the act came into force in 2002, then that term would be considered as one term for the purpose of calculating the number of terms in office.
Kanniah was the chairman when the act came into force in 2002. Therefore, he had served one term as chairman for the purpose of this act, he said.
Even after the second term, Kanniah was still holding the post for more than 20 years which was a blatant violation of the act, he contended.
Highlighting that the act provided for arbitration in such issues, the petitioner said arbitration was not an effective alternative remedy as it was not affordable.
Hence, the petitioner prayed the court to direct the registrar to ensure that Kanniah demits office of chairman and the post was filled in accordance with the law.
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