E.Duraisamy v. The Joint Registrar Of

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.03.2018

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.6793 of 2018 and WMP.No.8414 of 2018 E.Duraisamy S/o.Ellappan .. Petitioner Vs.

1.The Joint Registrar of Co-operative Societies Vellore Region, Vellore District.

2.The Deputy Registrar of Co-operative Societies Ranipet, Vellore District.

.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari, calling for the records relating to the impugned disqualification notice of the first respondent bearing Na.Ka.No.344/2018/A2, dated 21.02.2018 and quash the same.

For Petitioner: Mr.B.Hari Babu For Respondents: Mr.L.P.Shanmugasundaram Special Government Pleader

O R D E R

This writ petition is filed challenging the proceedings dated 21.02.2018, which is nothing but a show cause notice issued under Section 36(1) of the Tamil Nadu Co-operative Societies Act.

2. Needless to say that the petitioner is not entitled to challenge the show cause notice so long as the same was issued by the competent authority having jurisdiction to issue such show cause notice.

3. The grievance of the petitioner before this Court is that under the guise of issuing such show cause notice, the petitioner may be prevented from participating in the ensuing election scheduled on 02.04.2018.

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4. Mr.L.P.Shanmugasundaram, learned Special Government Pleader, who takes notice for the respondents, based on written instructions, submitted that since the show cause notice alone is issued against the petitioner, there is no bar for him to contest the election.

5. The above said statement is recorded. Accordingly, this writ petition is disposed of, only by directing the petitioner to give explanation to the show cause notice. If the petitioner seeks for the enquiry report, the respondents have to furnish the same before conducting the enquiry.

No costs.

Consequently, connected miscellaneous petition is closed. Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar mk To 1.The Joint Registrar of Co-operative Societies Vellore Region, Vellore District.

2.The Deputy Registrar of Co-operative Societies Ranipet, Vellore District.

+1cc to Mr.B.Hari Babu, Advocate Sr.No.22176 +1cc to Government Pleader Sr.No.23363 dt.23.4.2018 sm:4.4.2018 W.P.No.6793 of 2018 https://hcservices.ecourts.gov.in/hcservices/