Women Lawyers Association v. The State Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.04.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.11459 of 2018 and W.M.P. No.13378 of 2018 Women Lawyers' Association, rep. by its Secretary, Additional Law Chambers, First Floor, High Court Buildings, Chennai 600 104.
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Petitioner -vs1.The State of Tamil Nadu, rep. by its Secretary to the Government, Co-operation, Food and Consumer Protection (CJI) Department, Fort St. George, Chennai 600 009.
2.The Registrar of Co-operative Societies, The Tamil Nadu Co-operative Societies, Kilpauk, Chennai 600 010.
3.Tamil Nadu State Co-operative Societies, Election Commission, rep. by its Commissioner, No.273, Anna Salai, Kamadenu Super Market Building, 1st Floor, Teynampet, Chennai 600 018.
4.The Deputy Registrar (Non-Loan)/ District Election Officer, Tamil Nadu Co-operative Societies, Kuralagam, Chennai 600 108.
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Respondents
Petition under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents to defer the election dated 07.05.2018 and to conduct the election to the Madras Advocates Co-operative Society Limited (Canteen) Chennai, after the summer vacations after issuing proper G.O./Notification.
For Petitioner ::
Mr.S.Prabhakaran, Senior Counsel for Ms.G.V.Shoba For Respondents ::
Mr.L.P.Shanmuga Sundaram, Special Government Pleader for R1, R2 and R4 Mr.M.S.Palanisamy, Standing Counsel for R3
ORDER
The petitioner seeks a direction to the respondents to defer the election dated 07.05.2018 and to conduct the election to the Madras Advocates Co-operative Society Limited (Canteen) Chennai, after the summer vacation by issuing proper G.O./Notification.
2.Learned counsel for the petitioner submitted that the State of Tamil Nadu Co-operative Society has issued an Election Notification dated 21.04.2018 for conducting election to the post of Board of Directors for X.146 Madras Advocates Co-operative Society Ltd. (Canteen) to be held on 07.05.2018. He would further submit that since summer vacation for the High Courts and other Subordinate Courts are going to commence from 01.05.2018 and they are going
to resume their working schedule only from 04.06.2018, it would be difficult for the Advocates who have come from Tirunelveli, Kanyakumari, Namakkal, Salem, Krishnagiri, Madurai, Tiruchi etc. to take part in the election for casting their valuable votes since majority of the Advocates who are members of the Cooperative Society would have left for their native places. He would also submit that this is the first time the election is going to be held during the summer vacation and for the past 77 years, the election of the Co-operative Society has been conducted only during the working days. In this regard, a detailed representation has been given stating all the inconveniences and difficulties going to be faced by the majority of the members of various Advocates Association. This has not been answered by the respondents.
It is submitted by the learned counsel for the petitioner that till date the voters list also have not been finalised. Therefore, a direction may be issued to consider the representation wherein they sought for conducting the election only during the working days of the High Court, so that all the voters can participate in the Election and the respondents also can conduct free and fair election. 3.Mr.M.S.
either today or Monday (30.04.2018) in the forenoon. 4.Considering the submission made by both learned counsel, the petitioner association is directed to give a fresh representation either today or
T.RAJA, J.
vga Monday (30.04.2018) in the forenoon to the respondents and on receipt of the same, the respondents are directed to consider the same and do the needful in accordance with law forthwith. Accordingly, this writ petition is disposed of. No costs. Consequently, connected W.M.P. is closed. 5.Learned Standing Counsel for Election Commission is directed to orally inform the operative portion of this order.
Speaking/Non speaking order 28.04.2018 Index : yes/no vga To 1.The State of Tamil Nadu, rep. by its Secretary to the Government, Co-operation, Food and Consumer Protection (CJI) Department, Fort St. George, Chennai 600 009.
2.The Registrar of Co-operative Societies, The Tamil Nadu Co-operative Societies, Kilpauk, Chennai 600 010.
3.Tamil Nadu State Co-operative Societies, Election Commission, rep. by its Commissioner, No.273, Anna Salai, Kamadenu Super Market Building, 1st Floor, Teynampet, Chennai 600 018.
4.The Deputy Registrar (Non-Loan)/ District Election Officer, Tamil Nadu Co-operative Societies, Kuralagam, Chennai 600 108.
W.P.No.11459 of 2018 and W.M.P. No.13378 of 2018