Palanisamy, v. The State Electioncommissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No. 20827 of 2018 & W.M.P.s. 24444 & 24445 of 2018 D.Palanisamy ... Petitioner Vs

1. The Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, Kamadhenu Super Market Building, No.273, Scheme Road, Subburaya Nagar, Anna Salai, Chennai-600 018.

2. The District Election Officer, Deputy Registrar of Co-operative Societies, Dharapuram, Tiruppur Dt.

3. The Election Officer/Superintendent, T.P.SPL.No.29, Sivanmalai Primary Agricultural Co-operative Credit Society, Sivanmalai, Kangeyam Taluk, Tiruppur Dt.

4. T.P.SPL.No.29 Sivanmalai Primary Agricultural Co-operative Credit Society, rep. By its Special Officer, Sivanmalai, Kangeyam Taluk, Tiruppur District.

.. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the 1st respondent in relation to the proceedings in Na.Ka.No.321/2018/Co.op. Elect.1(1) dated 09.08.2018 and quash the same and consequently direct the 1st respondent to conduct a de-nova/fresh Election to the members of the 4th respondent Society.

For Petitioner : M/s.M.R.Thangavel

For Respondents : Mr.M.S.Palaniswamy, Standing Counsel for R-1 Mr.L.P.Shanmugasundaram, Special Govt. Pleader for R2-R3

O R D E R

1. The present Writ Petition has been filed challenging a general circular issued by the 1st respondent State Election Commissioner of the Co-operative Society.

2. I have heard Mr.M.R.Thangavel, learned counsel for the petitioner, Mr.M.S.Palaniswamy, learned Standing Counsel for 1st respondent and Mr.L.P.Shanmugasundaram, learned Special Government Pleader for Respondents 2 and 3.

3. Today, when the matter was taken up for hearing, Mr.L.P.Shanmugasundaram, learned Special Government Pleader for respondents 2 and 3 submitted that as per the order dated 09.08.2018, the 1st respondent State Election Commissioner directed the 2nd respondent to conduct the election to the 4th respondent society for the post of Board of Directors. Pursuant to the same, now the election has been conducted by the 4th respondent society. In the above circumstances, as election already has been conducted, no further adjudication is required in the Writ Petition. Therefore, the present writ petition is closed. Consequently, the connected miscellaneous petitions are also closed. No costs.

Sd/- Assistant Registrar(CS ix) //True Copy// Sub Assistant Registrar rpp To

1. The Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, Kamadhenu Super Market Building, No.273, Scheme Road, Subburaya Nagar, Anna Salai, Chennai-600 018.

2. The District Election Officer, Deputy Registrar of Co-operative Societies, Dharapuram, Tiruppur Dt.

3. The Election Officer/Superintendent, T.P.SPL.No.29, Sivanmalai Primary Agricultural Co-operative Credit Society, Sivanmalai, Kangeyam Taluk, Tiruppur Dt.

4. T.P.SPL.No.29 Sivanmalai Primary Agricultural Co-operative Credit Society, rep. By its Special Officer, Sivanmalai, Kangeyam Taluk, Tiruppur Dt.

+1cc to Mr.C.ANBU, Advocate SR.No. 555517 +1 CC TO Mr.L.P.Shanmugasundaram, SR.NO. 55810 W.P.20827 of 2018 and W.M.P.s 24444 & 24445 of 2018 ks(co) ASK(07/09/2018)