The State Election v. T.Anandan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10..03..2016 C O R A M The Hon'ble Mr. SANJAY KISHAN KAUL, CHIEF JUSTICE and The Hon'ble Mrs. Justice M.M.SUNDRESH Writ Appeal No.757 of 2015 The State Election Commissioner Co-op Societies Election, Kamadhenu Building Teynampet, Chennai 18.

... Appellant

Versus

1.T.Anandan 2.T.Balamanikandan 3.M.Mathiyazhagan 4.V.G.Chitti Babu 5.R.Vaithyanathasamy 6.M.R.Deivasigamani 7.P.Kannan 8.K.Ponnazhagi 9.V.Sevarasu 10.B.Padmanaban 11.S.S.Shanthakumar 12.B.Selvarani 13.K.Arulkodi 14.K.Adhimoolan 15.R.Senthilrayar 16.R.Muthuramalingam 17.T.Thangamani 18.R.Akila 19.R.Vetrivelan 20.N.Manimegalai.

21.A.Veeravel 22.R.Rasangam 23.B.Meenakshisundaram 24.V.Arivanandham 25.The District Election Officer/Joint Registrar of Co-op Socieites, N.P.K.R.R.Co.op Sugar Mills Ltd., Thalaignayaru, Nagapattinam District.

26.The Election Officer M.R.Krishnamoorthy Co-op Sugar Mills Ltd., Sethiyathoppu, Chidambaram Taluk, Cuddalore District.

27.The Electoral Officer, M.R.Krishnamoorthy Co-op Sugar Mills Ltd., Sethiyathoppu, Chidambaram Taluk, Cuddalore District.

28.Balasundaram 29.Jayabalan 30.Muruganandham 31.Elenchezhiyan 32.Elanselvi 33.Vasanthakumari 34.Sujatha 35.Selva Kalanjiyam 36.Uma Rani 37.Manigandan 38.Jayasankar 39.Panneerselvam 40.Jayavel 41.Selvaraj 42.Vinayagamoorthy 43.Sivakumar 44.Thavaselvan ... Respondents Prayer : Writ Appeal filed under Section 15 of the Letters Patent against the order dated 03.03.2015 in Writ Petition No.15189 of 2013, on the file of this Court. Writ petition filed under Article 226 of the constitution of India to issue a writ of Mandamus directing the 1st Respondent to call for the entire records in so for relates to election nominations were filed for the electing Board of Directors for M.R. Krishnamoorthy Coop. Sugar Mills Ltd.

Sethiyathoppu Chidambaram Taluk Cuddore District and scrutinize the nomination papers and permit the qualified candidates to contest the above said election For Appellant : Mr.N.R.Chandran Senior Counsel for Ms. Palanisamy For Respondents: Mr.AR.L.Sundaresan Senior Counsel for Mr.C.Prakasam for R.1 to R.23 Mr.R.Selvakumar for R.28 to R.44.

Mr.R.Balaramesh for R.24 to R.27.

J U D G M E N T

(Judgment of the Court was delivered by the Honourable The Chief Justice) After hearing learned counsel for the parties, it is agreed that the following orders be passed:

i) The impugned order and any observations made therein be set aside.

ii)The matter would be heard by the learned Single Judge initially on the issue of maintainability of writ petition.

2. We, thus, allow the appeal in the aforesaid terms, leaving the parties to bear their own costs.

3. List before the learned Single Judge for directions on 15.03.2016.

Sd/- Assistant Registrar(CS III) //True Copy/ Sub Assistant Registrar ksr TO

1. The District Election Officer/Joint Registrar Co-op Societies N.P.K.R.R.Co-OP.Sugar Mills Ltd., Thalaignayaru, Nagapattinam District.

2. The Election Officer, M.R.Krishnamoorthy, Co-op.Sugar Mills Ltd., Sathiyathoppu, Chidambaram Taluk, Cuddalore District.

3. The Election Officer, M.R.Krishnamoorthy, Co-op.Sugar Mills Ltd., Sathiyathoppu, Chidambaram Taluk, Cuddalore District.

4. The State Election Commissioner Co-op Societies Election, Kamadhenu Building Teynampet, Chennai 18.

+ 1 cc to Government Pleader SR.15752 + 1 cc to Mr.C. Prakasam Advocate Sr.15842 + 1 cc to Mr.R. Selvakumar, Advocate SR.15450 W.A. No.757 of 2015 LRS(CO) Eu 17.03.16