← Library
Madras High CourtWP/8153/2018disposed of

S.Gemburaj, v. The Election Commissioner,

2018-04-06Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.04.2018

CORAM

THE HONOURABLE MR. JUSTICE T. RAJA W.P.No.8153 of 2018 and W.M.P.Nos.10136 & 10137 of 2018

1. S. Gemburaj

2. S. Raman

...Petitioners

Vs.

1. The Election Commissioner, Tamil Nadu Co-operative Societies, Election Commission, Teynampet, Chennai - 600 018.

2. The District Election Officer (Co-operative Societies), Thiruvannamalai District.

3. The Election Officer, Ponnur Handloom Weavers Co-operative Production and Sales Society Limited (C 1461), Ponnur Post and Village, Vandavasi Taluk, Thiruvannamalai District.

...Respondents

Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 3rd respondent to include the petitioners' nominations in the valid candidates list and then only to proceed to conduct the election for the Board of Directors of the 3rd respondent Society without rejecting the petitioners' nominations. For Petitioners : Ms.Dakshayani Reddy For Respondents : Mr.M.S.Palanisamy, Standing Counsel for R1 Mr.L.P.Shanmugasundaram, Special Government Pleader for R2 & R3

O R D E R

This Writ Petition has been filed by the petitioners seeking for issuance of Writ of Mandamus directing the 3rd respondent to include the petitioners' nominations in the valid candidates list and then only to proceed to conduct the election for the Board of Directors of the 3rd respondent Society without rejecting the petitioners' nominations.

2. The learned counsel appearing for the petitioners has submitted that the petitioners claim that they are entitled to contest in the election for the post of Directors to the Board of Directors to the said Society. The election notification was published on 12.03.2018 stating that 7 Directors will be elected. The petitioners have filed nominations on 31.03.2018, but till date no action has been taken. As no action has been taken till date and the nomination papers are not scrutinized, the same becomes infructous.

3. Mr.M.S.Palanisamy, learned Standing counsel appearing for the 1st respondent has submitted that the applications submitted by the petitioners would be considered today and before 06:00 p.m today (i.e.) 06.04.2018, the petitioners would also be informed on the action taken on their applications.

4. Mr.L.P.Shanmugasundaram, learned Special Government Pleader appearing for the respondents 2 & 3 has submitted that the final voters list was published on 03.04.2018.

5. Recording the submissions made by the learned counsel for the respondents that the petitioners would be informed about the action taken on their applications, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar va To

1. The Election Commissioner, Tamil Nadu Co-operative Societies, Election Commission, Teynampet, Chennai - 600 018.

2. The District Election Officer (Co-operative Societies), Thiruvannamalai District.

3. The Election Officer, Ponnur Handloom Weavers Co-operative Production and Sales Society Limited (C1461), Ponnur Post and Village, Vandavasi Taluk, Thiruvannamalai District.

+1cc to Ms.Dakshayani Reddy, Advocate sr.no.25809 W.P.No.8153 of 2018 nr 09/04/2018