S.Ramamurthy, v. The Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.9854 of 2018 and W.M.P. Nos.11780 and 11781 of 2018 1.S.Ramamurthy 2.M.Nandhi 3.K.N.Saravanan ..

Petitioners -vs1.The Election Commissioner, The Tamil Nadu State Co-operative Societies, Chennai-600 018.

2.The District Election Officer/ Deputy Registrar Co-operative Societies, Tirupattur Range, Tirupattur.

3.The Election Officer, C-2499, Kakangarai Primary Agricultural Co-operative Credit Society, Kakangarai, Tirupattur Taluk, Vellore District.

4.C-2499, Kakangarai Primary Agricultural Co-operative Credit Society, rep. by its Secretary.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of declaration to declare the declaration of elected candidates dated 28.03.2018 published by the third respondent for the election to the fourth respondent C-2499, Kakangarai Primary Agricultural Co-operative Credit Society, Kakangarai as null and void.

For Petitioners : Mr.T.M.Hariharan For Respondents: Mr.M.S.Palanisamy, Standing Counsel for R1 Mr.L.P.Shanmuga Sundaram, Special Government Pleader for R2 to R4

ORDER

This writ petition has been filed seeking declaration of elected candidates dated 28.03.2018 published by the third respondent for the election to the fourth respondent C-2499, Kakangarai Primary Agricultural Co-operative Credit Society, Kakangarai as null and void. 2.The petitioners have mistakenly come to this Court instead of approaching the Election Tribunal under Section 90 of the Tamil Nadu Co-operative Societies Act seeking declaration of results as null and void.

3.When the election took place in the fourth respondent Co-operative Society for the post of Directors and the third respondent has also declared some of the members as directors on 28.03.2018, the petitioners cannot come to this Court by way of filing this petition. Therefore, this Court is not inclined to entertain this petition and the same is dismissed granting liberty to the petitioners to move a petition

before the Election Tribunal if they desire. No costs. Consequently, connected W.M.Ps. are also dismissed.

23.04.2018 vga To 1.The Election Commissioner, The Tamil Nadu State Co-operative Societies, Chennai-600 018.

2.The District Election Officer/ Deputy Registrar Co-operative Societies, Tirupattur Range, Tirupattur.

3.The Election Officer, C-2499, Kakangarai Primary Agricultural Co-operative Credit Society, Kakangarai, Tirupattur Taluk, Vellore District.

4.C-2499, Kakangarai Primary Agricultural Co-operative Credit Society, rep. by its Secretary.

T.RAJA, J.

vga W.P. No.9854 of 2018 and W.M.P. Nos.11780 and 11781 of 2018 23.04.2018