N.Kirubakaran, v. The State Election Commissioner,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.02.2020

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 4280 of 2020 and W.M.P. No. 5066 of 2020 Mr. N. Kirubakaran ... Petitioner -vs1. The State Election Commissioner, Co-operative Elections, Kamadhenu Super Market Building, No.273, Scheme Road, Subburaya Nagar, Anna Salai, Teynampet, Chennai - 600 018

2. The Deputy Registrar of Cooperative Societies/ District Election Officer, Ranipet, Circle, Ranipet.

3. The Managing Director, C-1252, Arcot Agricultural Producers Cooperative Marketing Society Ltd., Arcot.

4. M. Sankar ... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the entire records relating to the proceedings of the election dated 26.03.2018 and the Second Respondent returned the election Petitions vide Na.Ka. 889/2019 SAPA dated 15.03.2019 and vide Na.Ka. No. 4247/2019 SA PA dated 11.11.2019 and quash the same and consequently directing the Respondents to conduct fresh election for Arcot Agricultural Producers Cooperative Marketing Society Ltd., For Petitioner :

Mr. G. Sathishkumar For Respondents :

Mr. M.S. Palanisamy for R1 Mr. L.P. Shanmugasundaram Special Government Pleader (Co-operatives) for R2 and R3

O R D E R

Heard Mr. G. Sathishkumar, Learned Counsel for the Petitioner, Mr. M.S. Palanisamy, Learned Standing Counsel who takes notice for the First Respondent and Mr. L.P. Shanmugasundaram, Learned Special Government Pleader (Cooperative) who takes notice for the Second and Third Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed challenging the order in Na.Ka. 889/2019 SAPA dated 15.03.2019 and Na.Ka. No. 4247/2019 SA PA dated 11.11.2019 passed by the Second Respondent and to consequently direct the Respondents to conduct fresh elections to the Arcot Agricultural Producers Cooperative Marketing Society Ltd.

3.

When it was pointed out that the Petitioner has an effective alternative remedy to challenge the orders impugned in this Writ Petition by way of arbitration dispute before the concerned authority under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to resort to the same and has made an endorsement to that effect, which is recorded.

4.

Accordingly, the Writ Petition is dismissed as withdrawn granting such liberty. Consequently, the connected Miscellaneous Petition is closed. No costs.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar kv/sj To

1. The State Election Commissioner, Co-operative Elections, Kamadhenu Super Market Building, No.273, Scheme Road, Subburaya Nagar, Anna Salai, Teynampet, Chennai - 600 018

2. The Deputy Registrar of Cooperative Societies/ District Election Officer, Ranipet, Circle, Ranipet.

3. The Managing Director, C-1252, Arcot Agricultural Producers Cooperative Marketing Society Ltd., Arcot.

+1cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No.16185 +1cc to Special Government Pleader, S.R.No.16190 W.P. No. 4280 of 2020 AK(CO) KKV/15/06/2020