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Madras High CourtWP/6973/2018disposed of

U.P.Swepna, v. The Election Commissioner,

2018-06-14Honourable The Chief Justice,Honourable Ms. Justice P.T. Asha3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.06.2018 CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble Ms.JUSTICE P.T.ASHA W.P. No.6973 of 2018 U.P.Swepna .. Petitioner -vs1.The Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, Chennai 600 008.

2.The Registrar, Co.op Societies, Chepet, Chennai-31.

.. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to Directing the respondents to appoint a retired High Court / District Court Judge to conduct the elections in a free and fair manner to the Madras High Court Advocates Co.Op Societies Ltd. scheduled to be held on 23.04.2018 For Petitioner :

Mr.G.Mohanakrishnan for Mr.S.Namo Narayanan For Respondents :

Mr.Vijay Narayanan, Advocate General, assisted by Mr.L.P.Shanmugasundaram, Spl.G.P.

O R D E R

(Made by Ms.Indira Banerjee, Chief Justice) This writ petition has been filed seeking writ of mandamus directing the respondents to appoint a retired High Court / District Court Judge to conduct the elections in a free and fair manner to the Madras High Court Advocates Co.Op Societies Ltd. scheduled to be held on 23.04.2018.

2.In W.P.No.12560 of 2018, this Court passed an order dated 12.06.2018 in relation to the elections to the Madras High Court Cooperative Societies Ltd., the relevant part whereof is set out hereinbelow:

"2.This Court deems it appropriate to constitute a Committee led by Mr.S.V.Jayaraman, Senior Advocate, and comprising Mr.G.Mohanakrishnan, the President of Madras High Court Advocates'

Association, Mr.V.R.Kamalanathan, the Secretary of the Madras Bar Association, Mr.T.V.Krishnakumar, the President of the Law Association and Mrs.V.Nalini, the President of Women Lawyers Association to examine the list of members/voters of the Madras Advocates' Cooperative Society Limited for deletion of names of deceased members and inclusion of names of members who might have been omitted and to make recommendations to the District Election Officer for updating the list. 3.On the recommendation of the Committee, the District Election Officer shall update the list by deletion of the names of deceased members and by inclusion of names, if any, of members of the Society, omitted from the existing list.

4. The exercise shall be carried out within two

(2) months and the list shall positively be revised within three (3) months from date. After the revised list is prepared, the same may be published and objections thereto, invited within three (3) weeks from the date of publication. If no objection is received, the list may be finalised. If any objection is received, the objection may be taken into consideration and thereafter, the list finalised within one (1) month. The Election Commission shall, thereafter, conduct the elections in accordance with law. It is made clear that this order is restricted only to the Madras Advocates' Cooperative Society Ltd.

No further orders need be passed in this writ petition in view of the said order dated 12.06.2018. The order dated 12.06.2018 will govern this writ petition. This writ petition is, accordingly, disposed of. No costs.

Sd/- Assistant Registrar(CS-IX) //True Copy// Sub Assistant Registrar sra

To 1.The Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, Chennai 600 008.

2.The Registrar, Co.op Societies, Chepet, Chennai-31.

W.P.No.6973 of 2018 (CS-IX) EU(27/06/2018)