Madras High CourtWP/7642/2018dismissed

Rajamohan, v. The Registrar Of Cooperative

2018-04-03Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.7642 of 2018 Rajmohan S/o Ramanathan ..

Petitioner -vs1. The Registrar of Cooperative Societies MVN Maaligai 170, Periyar EVR High Road Kilpauk, Chennai 600 010

2. Tamil Nadu State Co-operative Societies 273, Kamadhenu Supermarket (First Floor) Anna Salai Chennai 600 018

3. The District Election Officer Tamil Nadu State Co-operative Societies Villupuram 605 602 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to cancel the elections to be held on 16.04.2018 to Periyasevalai Primary Agriculture Cooperative Society, Villupuram District by considering the representation of the petitioner dated 24.03.2018.

For Petitioner ::

Mr.R.Arun Dattan For Respondents ::

Mr.L.P.Shanmugasundaram Special Government Pleader for R1 & 3 Mr.M.S.Palaniswamy Standing Counsel for R2

ORDER

This writ petition has to be dismissed in limine for the following reasons. When the petitioner has sought a direction to the respondents to cancel the elections to be conducted for

Periyasevalai Primary Agricultural Cooperative Society Ltd., Villupuram District, without any documentary evidence, the learned counsel for the petitioner orally submitted that some irregularities have taken place, particularly, the voters list has been released showing the names of various defaulters who are not entitled to be shown in the voters list, since they are not eligible to cast their votes, whereas he has not even mentioned one name of the defaulter in the affidavit filed in support of the writ petition. Merely he has complained before this Court that the respondents have not provided a copy of the voters list.

But the petitioner has not given any representation, except on 24.3.2018.

Even in the said representation, he has simply mentioned that the names of some debtors, who had not cleared the loans, have been shown in the voters list, hence, they are not entitled to be shown in the list. But again the petitioner has not shown the name of any defaulter. As mentioned above, the petitioner has not even enclosed a copy of the notification. Secondly, he has not even divulged the names of the defaulters shown in the voters list. Thirdly, it is not known for what reason the respondents have not considered the case of the petitioner. Therefore, this Court is not inclined to entertain the writ petition filed on mere surmises. Accordingly, the writ petition stands dismissed. No costs.

Sd/- Assistant Registrar(Audit) //True copy// Sub Assistant Registrar ss To

1. The Registrar of Cooperative Societies MVN Maaligai 170, Periyar EVR High Road Kilpauk Chennai 600 010

2. Tamil Nadu State Co-operative Societies 273, Kamadhenu Supermarket (First Floor) Anna Salai Chennai 600 018

3. The District Election Officer Tamil Nadu State Co-operative Societies Villupuram 605 602 +1cc to Mr.R.Arun Dattan, Advocate SR.No.24544 +1cc to Mr.L.P.Shanmugasundaram, Advocate SR.No.24914 +1cc to Government Pleader SR.No.25662 W.P.No.7642 of 2018 MP(CO) GN(18/04/2018)