P.Saravanan, S/O.Pachaiappan v. The Commissioner Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.08.2018
CORAM
THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No.22075 of 2018 and W.M.P.Nos.25868 to 25870 of 2018 1.P.Saravanan S/o Pachaiappan President K.K.112 Semmandakuppam Primary Agricultural Co-operative Credit society Ltd Kuppur Post Dharmapuri Taluk & District 2.P.Govindaraj S/o Periyasamy Vice-President K.K.112 Semmandakuppam Primary Agricultural Co-operative Credit Society Ltd Kuppur Post Dharmapuri Taluk & District ... Petitioners Vs.
1.The Commissioner, Tamil Nadu State Co-operative Societies Election commission, No.273, Kamedhenu Supermarket Chennai-18.
2.The District Election Officer and Deputy Registrar of C0-operative Societies Dharmapuri Circle, Dharmapuri District.
3.The Secretary K.K.112 Semmandakuppam Primary Agricultural Co-operative Credit Society Ltd Kuppur Post, Dharmapuri Taluk & District.
... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Certiorarified Mandamus, to call for the records pertaining to the orders passed by the second respondent in Na.Ka.1019/2018 (1) Sa.Pa2 dated 11/08/2018 and quash the same and consequently direct the first and second respondents to permit the petitioners to function as the President and Vice-President respectively of the third respondent society.
For Petitioner :Mr.S.Kamadevan For Respondents :Mr.M.S.Palanisamy, Standing counsel for R1 Mr.L.P.Shanmugasundaram Special Government Pleader for R2 and R3
O R D E R
This writ petition has been filed challenging the order passed by the second respondent.
2. According to the petitioner, the dispute regarding the election to the third respondent's society has been referred to the first respondent/The Election Commission for taking suitable action and till then the third respondent is directed not to assign any work to the newly elected board.
3. The learned counsel appearing for the respondents 2 and 3 submitted that the first respondent, in and by his proceedings, dated 23.08.2018 in Na.Ka.6181/2018Koo.They.1, passed an order, holding that the election has been properly held and there is no necessity to pass any orders for cancelling the election.
4. In the above circumstances, since Election Commission has already passed an order, nothing remains to adjudicate in this Writ Petition.
5. Accordingly, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. mrp/rst Sd/- Assistant Registrar(CS-CO) //True Copy// Sub Assistant Registrar To 1.The Commissioner, Tamil Nadu State Co-operative Societies Election commission, No.273, Kamedhenu Supermarket Chennai-18.
2.The District Election Officer and Deputy Registrar of C0-operative Societies Dharmapuri Circle Dharmapuri District.
3.The Secretary K.K.112 Semmandakuppam Primary Agricultural Co-operative Credit Society Ltd Kuppur Post Dharmapuri Taluk & District.
+1cc to Mr.S.Kamadevan, Advocate S.R.No.59022 +1cc to Mr.L.P.Shanmugasundaram, Advocate S.R.No.59181 +1cc to the Government Pleader, S.R.No.59839 KR/16/10/18 W.P.No.22075 of 2018