S.Ramani v. Tamil Nadu State Co-Operative
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 28.04.2018
CORAM
THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.11142 of 2018 and WMP.Nos.13065 and 13066 of 2018
1. S.Ramani
2. Govindaraj
...Petitioners
Versus
1. Tamil Nadu State Co-operative Societies Election Commission rep. by its Commissioner, No.273, Kamadhenu Supermarket, 1st Floor, Anna Salai, Chennai-18.
2. The Joint Registrar of Co-operative Societies, Erode District, Erode.
3. The Deputy Registrar of Co-operative Societies and District Election Officer, Gopi, Erode District.
4. The Special Officer, K.290, Anthiyur Primary Agricultural Co-operative Credit Society, Anthiyur, Erode District.
... Respondents Prayer:
Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider the representation of the petitioner dated 24.4.2018 and to include the nomination of the petitioners dated 9.4.2018 received by the 4th respondent in the list of eligible candidates and to conduct election for the Board of Directors of the 4th respondent Society on 27.4.2018 without rejecting their nominations.
For Petitioners : Mr.V.Elangovan For Respondents : Mr.M.S.Palanisamy, Standing Counsel for R1 Mr.L.P.Shanmugasundaram, Special Government Pleader for R2 to 4
O R D E R
This Writ Petition has been filed to issue a Writ of Mandamus, directing the 1st respondent to consider the representation of the petitioner dated 24.4.2018 and to include the nomination of the petitioners dated 9.4.2018 received by the 4th respondent in the list of eligible candidates and to conduct election for the Board of Directors of the 4th respondent Society on 27.4.2018 without rejecting their nominations. 2.
When the matter is called, it is jointly represented by the learned Standing Counsel for the 1st respondent and the learned Special Government Pleader for the respondents 2 to 4 that the election to the 4th respondent society has already taken place on 24.4.2018. Therefore, nothing survives in the matter. 3.
Recording the said submission, the Writ Petition is dismissed with liberty to the petitioners to approach the Election Tribunal under Section 90 of the Tamil Nadu Cooperative Societies Act, 1983, if necessary. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar tsi To
1. Commissioner, Tamil Nadu State Co-operative Societies Election Commission, No.273, Kamadhenu Supermarket, 1st Floor, Anna Salai, Chennai-18.
2. The Joint Registrar of Co-operative Societies, Erode District, Erode.
3. The Deputy Registrar of Co-operative Societies and District Election Officer, Gopi, Erode District.
4. The Special Officer, K.290, Anthiyur Primary Agricultural Co-operative Credit Society, Anthiyur, Erode District.
+1cc to M/S.S.Doraisamy, Advocate, S.R.No.32658 +1cc to Mr.L.P.Shanmugasundaram,, Advocate, S.R.No.32958 +1cc to the Government Pleader, S.R.No.33077 W.P.No.11142 of 2018 RSK(CO) CS/04/06/18