L.Sundaramoorthy v. The Registrar Of Co-Operative Society

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2022 C O R A M THE HON'BLE MS.JUSTICE V.M.VELUMANI W.P.No.7191 of 2022 L.Sundaramoorthy

...Petitioner

Vs 1.The Registrar of Co-operative Society, Co-operative Department, Thattanchavady, Puducherry.

2.The Administrator, Health Staff Co-operative Credit Society Ltd No.428, 46, Vayakarai Street, Karaikal - 609 602.

3.T.Arjunan Member No.656, Health Staff Co-operative Credit Society Ltd No.428, Karaikal.

... Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus, directing the respondents to dispose of the Election Petition filed in N.M.D.No.1/2021 on the file of the 1st respondent within a time frame fixed by this Court.

For Petitioner : Mr.P.Malaravan for Pondy Law Firm For R1 & R2 : Mr.V.P.Chamuraj for M/s.V.Usha Additional Government Pleader (Pondy)

ORDER

This Writ Petition is filed for a direction to the respondents to dispose of the Election Petition filed in

N.M.D.No.1/2021 on the file of the 1st respondent within the time frame fixed by this Court.

2.Heard the learned counsel appearing for the petitioner as well as Mr.V.P.Chamuraj, representing M/s.V.Usha, learned Additional Government Pleader (Pondy) appearing for the respondents 1 & 2 and perused the materials available on record. 3.By consent of the learned counsel appearing for the petitioner as well as Mr.V.P.Chamuraj, representing M/s.V.Usha, learned Additional Government Pleader (Pondy), who takes notice for the respondents 1 and 2, this Writ Petition is taken up for final disposal at the stage of admission itself. 4.According to the petitioner, he is the member of Health Staff Co-operative Credit Society No.428 at Karaikal. He contested the Co-operative Election and succeeded in the election. While so, the 3rd respondent, who is the unsuccessful candidate filed Election Petition in N.M.D.No.

1 of 2021, before the 1st respondent. The 1st respondent by granting interim order dated 30.08.2021, directed the 2nd respondent not to conduct office bearers election that was proposed to be held on 31.08.2021 and restrained the elected Directors of the Society from assuming office of the Committee of the Management on 01.09.2021, until further orders. In the said Election Petition, the petitioner filed counter and the 3rd respondent also filed rejoinder and the same is pending before the 1st respondent. In view of the same, the petitioner has come out with the present Writ Petition for a direction to the 1st respondent for the speedy disposal of the Election Petition.

5.Mr.V.P.Chamuraj, representing M/s.V.Usha, learned Additional Government Pleader (Pondy), appearing for the respondents 1 and 2 submitted that the pleadings are completed and now the 1st respondent has fixed the date for enquiry and the Election Petition will be disposed within the time frame fixed by this Court and prayed for dismissal of the Writ Petition. 6.Considering the above submission and nature of relief sought for in the present Writ Petition, the 1st respondent is directed to dispose of the Election Petition in N.M.D.No.1 of 2021, filed by the 3rd respondent, as expeditiously as possible, on merits and in accordance with law, in any event within a period of three (3) months from the date of receipt of a copy of this order.

7.With the above direction, the Writ Petition is disposed of. No costs.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR rst To:

1.The Registrar of Co-operative Society, Co-operative Department, Thattanchavady, Puducherry.

2.The Administrator, Health Staff Co-operative Credit Society Ltd No.428, 46, Vayakarai Street, Karaikal - 609 602.

+1cc to the Government Pleader Sr.20746 +1cc to Pondy Law Firm, Advocate Sr.20692 W.P.No.7191 of 2022 pmk[co] srg 18/04/2022