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Madras High CourtWP/8909/2018disposed of

S.R. Shanmugam v. The Commissioner

2018-04-24Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.04.2018

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.8909 of 2018 and W.M.P.Nos.10763 ad 10764 of 2018 1.

S.R.Shanmugam 2.

P.Radhakrishnan 3.

M.Lakshmanan 4.

N.Kumaresan ..Petitioners .. Vs ..

1. The Commissioner, The Tamil Nadu State Co-operative Election Commission, No.273, Anna Salai, Teynampet, Chennai - 600 018.

2. The Registrar of Co-operative Societies, Ritherdon Road, Vepery, Chennai - 600 007.

3. The Deputy Registrar of Housing Co-operative Societies, Chengalpattu District Election Officer, (Co-operative), Kanchipuram District.

4. The Election Officer, Mamallan Housing Co-operative Society Limited, C/o. Deputy Registrar (H) Chengalpattu, No.G-2085, Mammallan Nagar, Kanchipuram District - 631 502.

5. The Secretary, Mammallan Housing Co-operative Society Limited, No.G-2085, Mamallan Nagar, Kanchipuram District - 631 502.

6. K.Shanmugam ..Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove the name of the sixth respondent in the voters list of the fifth respondent Society and declare the sixth respondent as ineligible to

contest the election to the post of Board of Directors as well as from voting in the ensuing election to the Board of Directors and debar him for three years from the date of paying dues to the fifth respondent society or any other society. For Petitioners : Mr.P.Ebenezer Paul For R-1 : Mr.M.S.Palanisamy, Standing Counsel For RR-2 to 5 : Mr.L.P.Shanmugasundaram Special Government Pleader - - - - -

ORDER

The present writ petition has been filed by the petitioner praying for the issuance of a Writ of Mandamus directing the respondents 1 to 4 to remove the name of the sixth respondent in the voters list of the fifth respondent Society and declare the sixth respondent as ineligible to contest the election to the post of Board of Directors as well as from voting in the ensuing election to the Board of Directors and debar him for three years from the date of paying dues to the fifth respondent society or any other society.

2. Mr.M.S.Palanisamy, learned Standing Counsel appearing for the first respondent and their officers jointly made a statement that the petitioner's representation dated 02.04.2018 which was sent for removal of the name of the sixth respondent will be duly considered after issuing notice to the sixth respondent.

3. Recording the above statement made by the learned Standing Counsel appearing for the first respondent, this Writ Petition stands disposed of, directing the first respondent to consider the representation of the petitioner dated 02.04.2018, after issuing notice to the sixth respondent. No costs. The connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar jrl

To

1. The Commissioner, The Tamil Nadu State Co-operative Election Commission, No.273, Anna Salai, Teynampet, Chennai - 600 018.

2. The Registrar of Co-operative Societies, Ritherdon Road, Vepery, Chennai - 600 007.

3. The Deputy Registrar of Housing Co-operative Societies, Chengalpattu District Election Officer, (Co-operative), Kanchipuram District.

4. The Election Officer, Mamallan Housing Co-operative Society Limited, C/o. Deputy Registrar (H) Chengalpattu, No.G-2085, Mammallan Nagar, Kanchipuram District - 631 502.

5. The Secretary, Mammallan Housing Co-operative Society Limited, No.G-2085, Mamallan Nagar, Kanchipuram District - 631 502.

+1cc to Mr.P.Ebenezer, Advocate, S.R.No.30405 +1cc to the Government Pleader, S.R.No.30685 W.P. No.8909 of 2018 TM(CO) RRK(26/04/2018)