C.Saravanan, v. The State Election Commr.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 23251 of 2018 C. Saravanan ... Petitioner Vs

1. The State Election Commissioner, Cooperative Election, Kamadhenu Super Market Building, No.273, Scheme Road, Subburaya Nagar, Teynampet, Anna Salai, Chennai-18

2. The District Election Officer / Deputy Registrar of Dairying Combined Court Complex Backside, Thiruvannamalai, Thiruvannamalai District

3. The Election Officer, C.1372 Thiruvannamalai Milk Producers Cooperative Society, No.79, Iyankulam Street, Thiruvannamalai-606 601.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, direction the respondents to refer the petitioner's objection dated 22.05.2018 to the Committee constituted by this Hon'ble Court.

For Petitioner : Mr. C. Prakasam For Respondents : Mr.M.S.Palaniswamy, Standing Counsel for R-1 Mr. L.P. Shanmugasundaram, Special Government Pleader for R-2 and R-3

O R D E R

This Writ Petition has been filed seeking for a direction directing the respondents to refer the petitioner's objection dated 22.05.2018 to the Committee constituted by this Court.

2. The grievance of the petitioner is that the election to the 3rd respondent society has been notified on 09.03.2018. Thereafter, the 3rd respondent has admitted five members to the 3rd respondent society, who are not qualified to become the members. In the said circumstances, the petitioner has sent a complaint before the 1st respondent on 22.05.2018 and now, the complaint is pending before the 1st respondent.

3. In view of the order passed by the Division Bench of this Court in the Writ Petition in W.P.No.7526 of 2018 etc. batch (R.Sakkarapani, Member of Legislative Assembly, Oddanchathiram Constituency Vs. State of Tamil Nadu and others), any complaint filed much before the order passed by the Division Bench i.e. 03.08.2018, the complaint is to be referred to the Zonal Committee constituted in pursuant to the order passed by this Court.

4. Mr.C.Prakasam, learned counsel appearing for the petitioner submitted that since the complaint has been submitted on 22.05.2018 much before the cut off date on 03.08.2018, the complaint may be referred to the 1st respondent.

5. On considering the facts, the 1st respondent is directed to refer the complaint given by the petitioner to the concerned Zonal Committee, and the petitioner is also directed to submit the copy of the complaint to the Zonal Committee.

6. In view of the above, the present Writ Petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS ix) //True Copy// Sub Assistant Registrar rpp To

1. The State Election Commissioner, Cooperative Election, Kamadhenu Super Market Building, No.273, Scheme Road, Subburaya Nagar, Teynampet, Anna Salai, Chennai-18

2. The District Election Officer / Deputy Registrar of Dairying Combined Court Complex Backside, Thiruvannamalai, Thiruvannamalai District

3. The Election Officer, C.1372 Thiruvannamalai Milk Producers Cooperative Society, No.79, Iyankulam Street, Thiruvannamalai-606 601.

+1cc to Mr.C.Prakasam , Advocate SR.No. 63386 +1cc to Mr.L.P. Shanmugasundaram, , Advocate SR.No. 63070 +1 CC TO GOVERNMENT PLEADER SR.NO. 63434 W.P. 23251 of 2018 ASK(30/10/2018)