H.Choodesh, Rep By Its v. The State Election Officer/

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.4.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.11276 of 2018 and W.M.P.Nos.13173 & 13174 of 2018 H.Choodesh Rep by its Secretary T.K.115 Thali Union Teachers and Workers Cooperative Credit Society Thali Union, Krishnagiri District.

...

PETITIONER Vs.

1 The State Election Officer/Commissioner, Tamil Nadu State Cooperative Societies, Election Commission NO.273 Kamadhenu Supermarket, Anna Salai, Chennai-18.

2 The District Election Officer/Registrar, Krishnagiri District Cooperative Societies, Election No.1Thiruvannamalai Road Krishnagiri- 635001 Krishnagiri District.

3 The Joint Registrar of Co-op. Societies, Krishnagiri Region, 13, 4th Street, West Joint Road, Cooperative Quarters, Krishnagiri -635001 Krishnagiri District.

4 The Assistant Registrar of Cooperative Society, Sub Registrar office, Hosur, Krishnagir District.

5 Mrs.Grace Victoria Head Master Panjayar Union Middle School Thottapilimuthirai Thali Union Krishnagir- 635107 Krishnagiri District.

6 S.Narayanamma Head Master Panjayat Union Primary School Thottapilimuthirai Thali Union Krishnagir- 635107 Krishnagiri District

7 Mr.Sagayam Head Master Panjayat Union Primary School Maruthanapalli Thali Union Krishnagiri District 8 M.Prakash Head Master Panjayat Union Middle School Salivaram Po Thali Union Krishnagiri District 9 S.Arul Doss Head Master Panjayat Union Primary School Erumuthnahalli Anchetti Via Thali Union Krishnagiri District 10 M.Baskar Rao Head Master Panjayat Union Primary School Achupalam Village Anchetti Via Thali Union Krishnagiri District 11 K.Murugesa Head Master Panjayat Union Primary School Pinnamangalam Post Thali Union Krishnagiri District.

12 S.Jagadish Head Master Panjayat Primary School Kempathpalli Thali Union Krishnagiri District. ...

RESPONDENTS Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondent to consider the representation sent by the petitioners' Union, dated on 04.04.2018.

For Petitioner : Mr.B.Karthik Narayanan For Respondent No.1 : Mr.M.S.Palanisamy Standing counsel For Respondents 2 to 4 : Mr.L.P.Shanmugasundaram Spl. Govt. Pleader

O R D E R

The writ petition has been filed seeking Writ of Mandamus, directing the respondent to consider the representation sent by the petitioners, dated on 04.04.2018.

2 The learned counsel for the petitioner submitted that the Electoral officer rejected all the petitioner union members' nomination on the ground that proposer signature are mismatch. Petitioner has sent a representation, dated 4.4.2018 to the Assistant Registrar, Hosur to cancel the election and conduct re-election. However, the respondents did not consider the said representation.

3. The learned Standing counsel and the learned Special Govt. Pleader for the respondents 1 to 4 submits that election results were already declared to the society on 3.4.2018 and the petitioner has to challenge the results of the declaration of the directors of the said society by approaching election tribunal within a period of 60 days under Section 90 of Co-operative Societies Act.

4 In view of the same, the writ petition is dismissed giving liberty to the petitioner to work out the remedy in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed.

-s/d- Assistant Registrar(CS-II) True Copy Sub-Assistant Registrar vaan To 1 The State Election Officer/ Commissioner Tamil Nadu State Cooperative Societies Election Commission NO.273 Kamadhenu Supermarket, Anna Salai, Chennai-18.

2 The District Election Officer/ Registrar Krishnagiri District Cooperative Societies Election No.1Thiruvannamalai Road Krishnagiri- 635001 Krishnagiri District.

3 The Joint Registrar of Co-op. Societies, Krishnagiri Region, 13, 4th Street, West Joint Road, Cooperative Quarters, Krishnagiri -635001 Krishnagiri District.

4 The Assistant Registrar of Cooperative Society, Sub Registrar office, Hosur, Krishnagir District.

+1 CC to Mr.B.Karthik Narayanan, Advocate sr 32017. +1 CC to Mr.L.P. Shanmuga Sundaram, Advocate sr 32960. +1 CC to Govt. Pleader sr 33076.

W.P.No.11276 of 2018 and W.M.P.Nos.13173 & 13174 of 2018 VGI(CO) SP(01/06/2018)