Settu, S/O.Balakrishnan v. Tamilnadu State Co-Operative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No.22796 of 2018 and W.M.P.No.26632 and 27146 of 2018 B.Settu ... Petitioner Vs 1.Tamil Nadu State Co-operative Societies Election Commission Rep by The Commissioner No.273, Kamadhenu Supermarket 1st Floor, Anna Salai Chennai-18 2.The District Election Officer, Co-operative Department, Dharmapuri District.

3.The Secretary, S.575, Palayam Primary Agricultural Co-operative Credit Society Ltd.

Palayam Pudur Nallampalli Taluk, Dharmapuri District 4.V.Arivu 5.V.Maadhu 6.C.Sakkaravel 7.G.Maadhu 8.P.R.Madhaiyan 9.V.Kandasamy 10.C.Pandurangan 11.M.Vasantha 12.M.Mani 13.S.Marimuthammal 14.A.Senbagam ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration, to declare the election of directors to the 3rd respondent society in an election conducted by the 2nd respondent on 28.08.2018 as null and void, unconstitutional, illegal and nonest in law and further direct the respondents 1 and 2 to conduct the fresh election to the 3rd respondent society by strictly following the Tamil Nadu Co-operative Societies Rules, 1988. For Petitioner :Mr.V.Sakkarapani For Respondents :Mr.M.S.Palaniswamy 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 for a declaration, declaring the selection of Board of Directors to the third respondent society as illegal.

2. Admittedly, it is settled law, challenging the election, the only remedy available to the petitioner is to file a petition under Sec.90 of the Tamil Nadu Co-operative Societies Act and the petitioner cannot challenge the proceedings under Art.226 of the Constitution of India. On that score, the writ petition cannot be maintained and accordingly, the present writ petition stands dismissed. However, it is always open to the petitioner to challenge the election to the Board of Directors to the fourth respondent society in the manner known to law, and if any such petition filed, as per the order passed by the Division Bench of this court, the petition should be disposed of within a period of three months from the date of receipt of the petition. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar rpp/rst

To 1.The Commissioner Tamil Nadu State Co-operative Societies Election Commission Rep by No.273, Kamadhenu Supermarket 1st Floor, Anna Salai Chennai-18 2.The District Election Officer, Co-operative Department, Dharmapuri District.

3.The Secretary, S.575, Palayam Primary Agricultural Co-operative Credit Society Ltd.

Palayam Pudur Nallampalli Taluk, Dharmapuri District +1cc to M/s.V.Sakkarapani, Advocate SR.NO.62497 +1cc to M/s.L.P.Shanmugasundaram, Advocate SR.NO.62434 +1cc to Government Pleader SR.NO.62946 MP(CO) sm:17.10.2018 W.P.No.22796 of 2018 and W.M.P.No.26632 and 27146 of 2018