P.Marappan v. The State Election Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.01.2019
CORAM
THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 1975 of 2019 and W.M.P.s 2208, 2211 & 2214 of 2019 P.Marappan ... Petitioner Vs
1. The State Election Commissioner, Cooperative Election, Kamadhenu Super Market Building, No.273, Scheme Road, Subburaya Nagar, Teynampet, Anna Salai, Chennai-18.
2. The Managing Director, Tamil Nadu State Weaver Cooperative Society Ltd., Co-optex, Pantheon Road, Egmore, Chennai-8.
3. The Assistant Director of Handlooms, O/o. Director of Handloom and Textiles, Kuralagam, Chennai.
4. The Chennai District Election Officer / Assistant Director of Handloom and Textiles, Tiruvallur.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, calling for the entire records relating to the impugned election notification dated 10.01.2019 issued by the 4th respondent published in Dinathanthi on 10.01.2019 and quash the same and consequently directing the respondents to include the petitioner's name along with petitioner society name in the voters list for conducting Board of Directors election for Ex-84 Tamil Nadu Handloom Weavers Cooperative Society Ltd., (Cooptex).
For Petitioner : Mr.C.Prakasam For Respondents : Mr.M.S.Palaniswamy, Standing Counsel for R1 Mr.L.P.Shanmugasundaram, Special Government Pleader for R2 to R4
O R D E R
This Writ Petition has been filed challenging the election notification issued by the 1st respondent for conducting the election to the Board of Directors of the 2nd respondent society.
2. Today, when the matter was taken up for hearing, the learned counsel appearing for the 1st respondent submitted that by an order dated 22.01.2019, the election to the 2nd respondent society has been stopped by the 1st respondent until further orders. In the above circumstances, there is no further adjudication is required in the Writ Petition. Hence, the Writ Petition may be closed.
3. Mr.C.Prakasam, learned counsel appearing for the petitioner submitted that even though the petitioner is a member of the society, his name was not found in the voters list. Hence, he has made a representation to the respondents 1 to 3 and the respondents 1 to 3 may be directed to consider the petitioner's representation.
4. I have considered the rival submissions made by the learned counsel appearing for the petitioner as well as the learned counsels appearing for the respondents and perused the materials available on record carefully.
5. Considering the fact that the election to the society has already been stopped by the 1st respondent, no further adjudication is required in the Writ Petition. However, the 3rd respondent is directed to consider the petitioner's representation dated 20.01.2019 and pass suitable orders on merits and in accordance with law within a period of one week from the date of receipt of the copy of this order. In the result, the Writ Petition stands closed with the above direction. No costs. Consequently, the connected Writ Miscellaneous Petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rpp
To
1. The State Election Commissioner, Cooperative Election, Kamadhenu Super Market Building, No.273, Scheme Road, Subburaya Nagar, Teynampet, Anna Salai, Chennai-18.
2. The Managing Director, Tamil Nadu State Weaver Cooperative Society Ltd., Co-optex, Pantheon Road, Egmore, Chennai-8.
3. The Assistant Director of Handlooms, O/o. Director of Handloom and Textiles, Kuralagam, Chennai.
4. The Chennai District Election Officer / Assistant Director of Handloom and Textiles, Tiruvallur.
+1cc to Mr.C.Prakasam, Advocate, S.R.No. 6600. W.P. 1975 of 2019 and W.M.P.s 2208, 2211 & RJI(CO) rrs 28/01/2019