P.Umamaheswari v. The Tamil Nadu State Co-Operative Societies Election Commission,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.03.2019

CORAM

THE HON'BLE MR. JUSTICE D. KRISHNAKUMAR W.P.No.6343 of 2019 & WMP.Nos.7180 & 7181 of 2019 P.Umamaheswari ..Petitioner Vs.

1.The Tamil Nadu State Co-operative Societies Election Commission, Rep. By its State Election Commissioner, No.273, Kamadhenu Super Market, Anna Salai, Chennai - 600 018.

2.The District Election Officer cum Deputy Director, Department of Sericulture, Government Anna Silk Exchange, No.272, Vellore Road, Sirukaveripakkam (Post) Kancheepuram - 631 503.

..Respondents PRAYER:

This Petition is filed under Article 226 of Constitution of India to issue a writ of certiorari calling for the records of the impugned elections pursuant to the Election Notice dated 20.02.2019 issued by the 2nd respondent herein, pertaining to the elections for the executive board of M/s TamilNadu Co-operative Silk Producers Federation Ltd., (TANSILK Federation), No.522, Gandhi Road, kanchipuram - 631 501 and quash the same.

For petitioner : Mr.D.Ravichander For Respondent 1 : Mr.L.P.Shanmugasundaram Special Government Pleader.

For Respondent 2 : Mr.M.S.Palaniswamy Standing Counsel

ORDER

This writ petition has been filed to quash the Election Notice dated 20.02.2019 issued by the second respondent, pertaining to the elections for the executive board of M/s TamilNadu Co-operative Silk Producers Federation Ltd., (TANSILK Federation), No.522, Gandhi Road, kanchipuram - 631 501.

2. According to the petitioner, the petitioner has made a representation dated 23.02.2019 to the first respondent for the alleged violation under Rule 52(6)(a) of the TamilNadu Cooperative Societies Rules, 1988 and the said representation has not been considered by R1, the Election Officer. R2 has decided to conduct Election for the Society.

3.

The learned Special Government Pleader appearing for the first respondent would submit that the representation of the petitioner will be considered, in accordance with law. 4.

Considering the facts and circumstances of the case and the submissions of the learned counsel on either side, without going into the merits of the case, the first respondent is directed to consider the petitioner's representation dated 23.02.2019 and pass appropriate orders, on merits and in accordance with law, on or before 11.03.2019. 5.

With the above directions, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar To 1.The Tamil Nadu State Co-operative Societies Election Commission, Rep. By its State Election Commissioner, No.273, Kamadhenu Super Market, Anna Salai, Chennai - 600 018.

2.The District Election Officer cum Deputy Director, Department of Sericulture, Government Anna Silk Exchange, No.272, Vellore Road, Sirukaveripakkam (Post) Kancheepuram - 631 503.

+1cc to Mr.D.Ravichander, Advocate sr.no.20470 +1cc to Mr.L.P.Shanmugasundaram, Advocate sr.no.20472 W.P.No.6343 of 2019 & WMP.Nos.7180 & 7181 of 2019 mg(co) nr 05/03/2019