S.Sundararajan, v. The Registrar Of Cooperative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 24.04.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.10179 of 2018 and WMP.No.12122 of 2018 S.Sundararajan
...Petitioner
Versus
1. The Registrar of Co-operative Societies, No.170, EVR Periya High Road, Kilpauk, Chennai-10.
2. The Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, No.273, Kamathenur Co-operative Stores, Anna Salai, Chennai-18.
3. The Joint Registrar of Co-operative Societies, O/o. The Vellore Joint Registrar of Co-operative Societies, Vellore.
4. The Deputy Registrar of Co-operative Societies, District Election Officer, Tirupattur Town, Vellore District.
5. The Secretary, P.A.C.B./Election Officer, Periyagaram Village, Tirupattur Taluk, Vellore District.
... Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records relating to the C.2579 dated 28.3.2018 declaring duly elected candidates for the post of Board of Directors/Executive Committee Members to the Primary Agricultural Co-operative and Credit Society of Perampattu Village, Tirupattur Taluk made by the 5th respondent and quash the same and further direct the 1st respondent to conduct a fresh election under the supervision of the District Collector, Vellore District. For Petitioner : Mr.V.Prakash Babu For Respondents : Mr.M.S.Palanisamy, Standing Counsel for R2 Mr.L.P.Shanmugasundaram, Special Government Pleader for R1, R3 to 5
O R D E R
This Writ Petition has been filed challenging the Impugned Declaration dated 28.3.2018 declaring duly elected candidates for the post of Board of Directors/Executive Committee Members to the Primary Agricultural Co-operative and Credit Society of Perampattu Village, Tirupattur Taluk by the 5th respondent and quash the same and further direct the 1st respondent to conduct a fresh election under the supervision of the District Collector, Vellore District. 2.
When the matter is called, it is represented by the learned Standing Counsel for the 2nd respondent and the learned Special Government Pleader for the respondents 1, 3 and 4 that the election to the the post of Board of Directors/Executive Committee Members to the Primary Agricultural Co-operative and Credit Society of Perampattu Village, Tirupattur Taluk was already over and the results were also declared. Therefore, the petitioner may exercise the alternative remedy available under the Tamil Nadu Co-operative Societies Act.
3.
Recording the said submission, the Writ Petition is dismissed with liberty to the petitioner to approach the Election Tribunal under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983, if necessary. No costs. Consequently, connected Miscellaneous Petition is closed.
Sd/- ASST. REGISTRAR /TRUE COPY/ SUB ASST. REGISTRAR tsi To
1. The Registrar of Co-operative Societies, No.170, EVR Periya High Road, Kilpauk, Chennai-10.
2. The Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, No.273, Kamathenur Co-operative Stores, Anna Salai, Chennai-18.
3. The Joint Registrar of Co-operative Societies, O/o. The Vellore Joint Registrar of Co-operative Societies, Vellore.
4. The Deputy Registrar of Co-operative Societies, District Election Officer, Tirupattur Town, Vellore District.
5. The Secretary, P.A.C.B./Election Officer, Periyagaram Village, Tirupattur Taluk, Vellore District.
+1 cc to Mr.L.P.Shanmugasundaram, Advocate SR.NO. 30838 +1 cc to the Government Pleader, High Court, Chennai SR.NO. 30679 +1 cc to Mr.V.Prakash Babu, Advocate SR.NO. 30428 W.P.No.10179 of 2018 NA(CO) JK 11/05/18