A.Duraisamy v. Tamil Nadu State Co-Operative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06.04.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.Nos.8014 to 8017 & 8063 of 2018 A.Duraisamy ..
Petitioner in W.P.No.8014 of 2018 A.P.Durairaj ..
Petitioner in W.P.No.8015 of 2018 S.Suresh ..
Petitioner in W.P.No.8016 of 2018 A.Mani ..
Petitioner in W.P.No.8017 of 2018 Gurusamy S/o Senniyappa Gounder ..
Petitioner in W.P.No.8063 of 2018 -vs1. 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 Joint Registrar of Co-operative Societies
3. The Deputy Registrar of Co-operative Societies Gobichettipalayam ..
Respondents 1 to 3 in all the petitions
4. The Special Officer AA 250 Kannampalli Primary Agricultural Co-operative Credit Society Kannampalli, Anthiyur Taluk ..
4th Respondent in W.P.No.8014/18
5. The Special Officer AA 508 Singampettai Primary Agricultural Co-operative Credit Society Singampettai Bhavani Taluk ..
4th Respondent in W.P.No.8015/18
6. The Special Officer No.3324, Nerinjipettai Primary Agricultural Cooperative Credit Society Nerinjipettai, Anthiyur Taluk ..
4th Respondent in W.P.No.8016/18
7. The Special Officer Bhavani Kurichi Primary Agricultural Cooperative Credit Society Kurichi Post Bhavani Taluk ..
4th Respondent in W.P.No.8017/18
8. The Special Officer A.A.37, Kudumiyampalayam Primary Agricultural Cooperative Credit Society Kudumiyampalayam A.Anumanpalli ..
4th Respondent in W.P.No.8063/18
9. The Inspector of Police Ammapet Police Station Anthiyur Taluk 5th Respondent in W.P.Nos.8014 to .. 8017 of 2018 10.The Inspector of Police Arachalur Police Station .. 5th Respondent in W.P.No.8063/18 Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the representations of the petitioners dated 28.03.2018/31.03.2018 and to receive nominations from the eligible candidates including the petitioners for the election to the Directors of Board of the respective fourth respondent Cooperative Society without rejecting the nomination by illegal method and to proceed with the election by free and fair manner without any illegalities.
For Petitioners ::
Mr.V.Elangovan For Respondents ::
Mr.M.S.Palanisamy Standing Counsel for R1 Mr.L.P.Shanmugasundaram Special Government Pleader for R2 to 4 Mr.V.Jayaprakash Narayanan Special Government Pleader for R5
ORDER
These writ petitions have been filed by the respective petitioners seeking a common relief of a mandamus to the respondents to consider their representations dated 28.3.2018/31.3.2018 to receive nominations from the eligible candidates including the petitioners for the election to the Directors of Board of the respective fourth respondent Cooperative Society without rejecting the nomination by illegal method and to proceed with the election by free and fair manner without any illegalities.
2. Learned counsel for the petitioners submitted that on 9.4.2018, the respondents have fixed the date for filing of nominations by various candidates. As no untoward incident should take place, which will cause any problem to the petitioners to present their nominations, representations have already been given to provide sufficient bandobust including police protection. The said representations have not been considered. Therefore, a direction be issued, he pleaded.
3. Mr.M.S.Palanisamy, learned standing counsel for the first respondent submitted that the petitioners should have given their representation to the Deputy Registrar of Cooperative Societies, Gobichettipalayam, who has been nominated as the District Election Officer, the third respondent herein. However, he submitted that he will inform the third respondent to look into the representations of the petitioners for an appropriate decision to be taken with due care.
4. Recording his statement, these writ petitions are disposed of. No costs.
Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar ss
To
1. The Commissioner Tamil Nadu State Co-operative Societies Election Commission No.273, Kamadhenu Supermarket 1st Floor, Anna Salai Chennai 600 018
2. The Joint Registrar of Co-operative Societies
3. The Deputy Registrar of Co-operative Societies Gobichettipalayam
4. The Inspector of Police Ammapet Police Station Anthiyur Taluk 5.The Inspector of Police Arachalur Police Station +1 cc to Mr.L.P.Shanmuga Sundaram Advocate sr 26409 +5 cc to Mr.S.Doraisamy Advocate sr 25465 +1 cc to Govt Pleader sr 25941,25942 W.P.Nos.8014 to 8017 & 8063 of 2018 ssi(co) aa23/04/2018