Pichai Pillai v. The Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.4.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.11049 of 2018 and W.M.P.No.12954 of 2018 Pichai Pillai S/o Sadaya Pillai Perumal Kovil Street Pasumbalur Pasumbalur south Veppanthattai Taluk Perambalur Dist.

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PETITIONER Vs.

1 The Election Commissioner Tamil Nadu Co-operative Societies Scheme Road Chennai 18 2 The Joint Registrar of Co-operative Societies, Perambalur Dist.

Perambalur 3 The Election Officer T.Y.Spl - 117 Pasambalur Primary Agricultural Co-operative Credit Society Pasambalur Veppanpthattai Taluk, Perambalur District.

4 Kasinathan S/o Rajamanickam Pasumbalur Pasumbalur South Veppanthattai Taluk, Perambalur District.

5 Mrs.Shyamala W/o Dharmalingam Pasubalur Pasambalur south Veppanthattai Taluk, Perambalur District.

6 Ramasamy S/o Chidambaram Pillai Pasumbalur Pasumbalur South Veppanthattai Taluk Perambalur Dist.

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RESPONDENTS Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, to call for the records relating to the impugned order of declaration of elected board of directors of T.Y.SPL-

117 Pasambalur Primary Agricultural Co-operative Credit Society Pasambalur Veppanthattai Tk Perambalur District in respect of respondents 4 to 6 are concerned under Form 22 dated 03.04.2018 issued by the 3rd respondent to quash the same. For Petitioner : Mr.C.Prabakaran For Respondent No.1 : Mr.M.S.Palanisamy Standing counsel For Respondents 2 & 3 : Mr.L.P.Shanmugasundaram Spl.Govt. Pleader

O R D E R

The writ petition is directed against the impugned order of declaration of elected board of directors of T.Y.SPL117 Pasambalur Primary Agricultural Co-operative Credit Society Pasambalur Veppanthattai Tk Perambalur District in respect of respondents 4 to 6 are concerned under Form 22 dated 03.04.2018 issued by the 3rd respondent to quash the same. 2 Mr.M.S.Palanisamy, learned Standing counsel for the first respondent and Mr.L.P.Shanmugasundaram, learned Special Govt. Pleader for the respondents 2 and 3 jointly submitted that the prayer in the writ petition can be sought for only before the Election Tribunal under Section 90 of the Tamilnadu Co-operative Societies Act since election to the Director of Co-operative Societies was over on 27.4.2018. 3 In view of the submission made by the learned Standing counsel and the learned Special Govt. Pleader appearing for the respondents, the petitioner is hereby directed to work out his remedy before the Election Tribunal under Section 90 of the said Act, within a period of 60 days from the date of declaration of results.

4 The writ petition is disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CO) //True copy// Sub Assistant Registrar vaan

To 1 The Election Commissioner Tamil Nadu Co-operative Societies Scheme Road Chennai 18 2 The Joint Registrar of Co-operative Societies Perambalur Dist.

Perambalur 3 The Election Officer T.Y.Spl - 117 Pasambalur Primary Agricultural Co-operative Credit Society Pasambalur Veppanpthattai Taluk, Perambalur District. +1cc to Mr.L.P.Shanmugasundaram, Advocate SR.No.32964 +1cc to Mr.C.Prabakaran, Advocate SR.No.32450 +1cc to Government Pleader SR.No.33064 W.P.No.11049 of 2018 and W.M.P.No.12954 of 2018 SSV(CO) GN(31/05/2018)