Devan v. The State Election Commissione

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.11041 of 2018 Devan ..

Petitioner -vs1.The State Election Commissioner, Co-operative Election, Kamadhenu Super Market Building, No.273, Scheme Road, Subburaya Nagar, Teynampet, Anna Salai, Chennai-18.

2.The District Election Officer/ Deputy Registrar of Co-operative Societies, Vellore, Vellore District.

3.The Election Officer, VL.SPL 109, Thenpalli Primary Agricultural Co-operative Credit Society, Thenpalli Village & Post - 632 515, Katpadi Taluk, Vellore District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the first respondent to dispose the representation by way of Appeal filed by the petitioner on 08.04.2018 by giving opportunity to the petitioner within a stipulated time as this Court may fix.

For Petitioner : Mr.C.Prakasam For Respondents: Mr.M.S.Palanisamy, Standing Counsel for R1 Mr.L.P.Shanmuga Sundaram, Special Government Pleader for R2 and 3

ORDER

This writ petition has been filed seeking a direction to the first respondent to dispose of the representation by way of Appeal filed by the petitioner on 08.04.2018 by giving him opportunity within a stipulated time.

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 third respondent Co-operative Society for the post of Directors and the third respondent has also declared some of the members as directors on 03.04.2018, 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 petitioner to move a petition before the Election Tribunal if he desires. No costs. 28.04.2018 vga

To 1.The State Election Commissioner, Co-operative Election, Kamadhenu Super Market Building, No.273, Scheme Road, Subburaya Nagar, Teynampet, Anna Salai, Chennai-18.

2.The District Election Officer/ Deputy Registrar of Co-operative Societies, Vellore, Vellore District.

3.The Election Officer, VL.SPL 109, Thenpalli Primary Agricultural Co-operative Credit Society, Thenpalli Village & Post - 632 515, Katpadi Taluk, Vellore District.

T.RAJA, J.

vga W.P. No.11041 of 2018 28.04.2018