V.S.Paramasivam v. The Registrar Of Cooperative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.04.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.9485 of 2018 & W.M.P.No.11381 of 2018 V.S.Paramasivam .. Petitioner -vs1.The Registrar of Co-operative Societies Office of the Registrar of Co-operative Society EVR Road, Radhakrishnan Nagar Razak Garden, SBI Officer's Colony Arumbakam Chennai - 600 106 2.The Commissioner The Tamil Nadu State Co-operative Societies Election Commission 273, Anna Salai Thenampettai Chennai - 600 018 3.The Joint Registrar of Co-operative Societies Office of the Joint Registrar of Co-operative Societies District Collector's Office Complex Nagappatinam District 4.The Deputy Registrar of Co-operative Societies Office of the Deputy Registrar of Co-Operative Societies Perumal South Street Nagappattinam 5.The Election Officer Spl No.1, Voimedu Primary Agricultural Co-operative Credit Society Ltd., Nagappattinam District ... Respondents Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus directing the
respondents to appoint an Advocate Commissioner for scrutinizing the whole election process of the Spl.No.1, Voimedu Primary Agricultural Co-operative Credit Society Ltd., Nagappattinam District, subsequently to videograph the whole election process. For Petitioners ::
Ms.Greetha Senthilkumar For Respondents ::
Mr.L.P.Shanmugasundaram Spl. Govt. Pleader for R1, R3, R4 & R5 Mr.M.S.Palanisamy Standing Counsel for R2
ORDER
Mr.V.S.Paramasivam, the petitioner herein, who is claiming to be a member of the Special No.1, Voimedu Primary Agricultural Co-operative Credit Society Ltd., Nagappattinam District, has come to this Court seeking mandamus directing the respondents to appoint an Advocate Commissioner for scrutinizing the whole election process of the said society.
2. Learned counsel for the petitioner also submits that the date of submitting nomination for election of Directors of Special Member Voimedu Primary Agricultural Co-operative Credit Society Ltd., has been fixed as 16.04.2018 and the scrutiny of the nomination also is to be done on 17.04.2018 and the date of withdrawal of nomination has been fixed as 18.04.2018 and the election will be conducted on 23.04.2018. Since some of the ruling party members are elected without conducting any election as per the bylaw, the petitioner has given a representation on 10.04.2018 to the respondent to appoint an Advocate Commissioner for scrutinizing the election of Special No.1, Voimedu Primary Agricultural Co-operative Credit Society Ltd., and also to take video graph of the election process, but the said representation has not been considered so far. Therefore, the petitioner seeks for a direction to the respondents to appoint an Advocate Commissioner.
3. When the petitioner himself has admitted the fact that some of the Board of Directors were elected without conducting election as per bylaw, without even challenging the election of Board of Directors, the petitioner cannot come to this Court. This Courts finds no merits whatsoever in the writ petition.
Accordingly, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar gpa To 1.The Registrar of Co-operative Societies Office of the Registrar of Co-operative Society EVR Road, Radhakrishnan Nagar Razak Garden, SBI Officer's Colony Arumbakam Chennai - 600 106 2.The Commissioner The Tamil Nadu State Co-operative Societies Election Commission 273, Anna Salai Thenampettai Chennai - 600 018 3.The Joint Registrar of Co-operative Societies Office of the Joint Registrar of Co-operative Societies District Collector's Office Complex Nagappatinam District 4.The Deputy Registrar of Co-operative Societies Office of the Deputy Registrar of Co-Operative Societies Perumal South Street Nagappattinam 5.The Election Officer Spl No.1, Voimedu Primary Agricultural Co-operative Credit Society Ltd., Nagappattinam District
+1cc to Mr.Mr.L.P.Shanmugasundaram, Advocate, S.R.No.29597 +1cc to the Government Pleader, S.R.No.29164 W.P.No.9485 of 2018 na(co) nr 15/05/2018