C.Neelamegam v. The Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.11022 of 2018 and W.M.P. Nos.12928 and 12929 of 2018 ..

Petitioner C.Neelamegam -vs1.The Election Commission, Tamil Nadu Co-operative Societies, No.273, Anna Salai, Teynamepet, Chennai-18.

2.The District Election Officer/ Deputy Registrar of Co-operative Societies, Mayiladuthurai Circle, 3.The Election Officer, Neppathur, Sirkali Taluka, 4.Z570, Neppathur Primary Agricultural Co-operative Credit Society, rep. by its Secretary, Neppathur, Sirkali Taluka, 5.P.Roopa Shanthi 6.R.Vijayalakshmi 7.I.Anjugam 8.R.Raja Rajan 9.L.Chandranathan 10.V.Balasubramanian

11.G.Natrajan 12.P.Amruthalingam 13.M.Kumar 14.G.Nandha Gopal 15.P.Ganesan respondents 5 to 15 having office at Neppathur, Sirkali Taluk, ..

Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records on the file of the third respondent in their declaration of result dated 02.04.2018 published under Rule 52(9)(a) of the Tamil Nadu Cooperative Societies Rules, 1988 and quash the same as illegal and to further direct the respondents to conduct election to the fourth respondent society in a fair and transparent manner as per Section 52(6) of Tamil Nadu Co-operative Societies Rules, 1988.

For Petitioner : Mr.M.R.Kuyilan 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 result dated 02.04.2018 published under Rule 52(9)(a) of the Tamil Nadu Co-operative Societies Rules, 1988 and a direction to the respondents to conduct election to the fourth respondent society in a fair and transparent manner as per Section 52(6) of Tamil Nadu Co-operative Societies Rules, 1988. 2.The petitioner has mistakenly come to this Court instead of approaching the Election Tribunal under Section 90 of the Tamil Nadu Co-operative Societies Act seeking the above prayer.

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 02.04.2018, the petitioner 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 petitioner to move a petition before the Election Tribunal if he desires. No costs. Consequently, connected W.M.Ps are also dismissed.

Sd/ Assistant Registrar /True copy/ Sub Assistant Registrar To 1.The Election Commission, Tamil Nadu Co-operative Societies, No.273, Anna Salai, Teynamepet, Chennai-18.

2.The District Election Officer/ Deputy Registrar of Co-operative Societies, Mayiladuthurai Circle, 3.The Election Officer, Neppathur, Sirkali Taluka, 4.Z570, Neppathur Primary Agricultural Co-operative Credit Society, rep. by its Secretary, Neppathur, Sirkali Taluka, +1cc to M/s.L.P.Shanmugasundaram Advocate Sr.No.32961 +1cc to the Government Pleader SR.No.33074 +1cc to M/s.M.R.Kuilan Advocate SR.No.32985 W.P. No.11022 of 2018 SDR 22.05.2018