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Madras High CourtWP/23731/2018dismissed

P.Samynathan, v. State Election Officer,

2018-09-10Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 23731 of 2018 and W.M.P.s 27681 & 27682 of 2018

1. P.Samynathan

2. M.Karuppusamy

3. R.Kalliappan

4. S.Shanmugam

5. V.Senbagavalli

6. S.Vijaya

7. K.Mailathal

8. K.Palanisamy ... Petitioners Vs

1. State Election Officer, Co-operative Society Election Wing, Chennai.

2. The District Joint Co-operative Registrar, Gobichettipalayam, Gobi Taluk, Erode Dt.

3. The Deputy Registrar, Office of the Deputy Registrar of Co-operative Society, Gobichettipalayam, Erode Dt.

4. Election Officer, K.177, Getticheyur Co-operative Society, Nambiyur Taluk, Erode Dt.

5. S.K.Somasundaram

6. N.M.Swamiyappan

7. P.Palanisamy

8. M.Sivakumar,

9. K.Murthy

10. G.M.Eswaramurthy

11. P.Palaniammal

12. S.Dhanalakshmi

13. S.Kuppammal

14. P.Amudha

15. R.Gurunanathal ... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records made in Form-3 dated 27.08.2018 by the K.177 Getticheviyur Primary Agricultural Co-operative Society Election Officer and quash the same and further direct the respondents 1 to 4 to issue a fresh notification for conduct of the election.

For Petitioners : Mr.B.Sampathkumar For Respondents : Mr.M.S.Palaniswamy Standing Counsel for R-1 Mr.L.P.Shanmugasundaram Special Government Pleader for Respondents 2 to 4

O R D E R

This Writ Petition has been filed challenging the election conducted to the Board of Directors to the 4th respondent society.

2. According to the petitioners, the election to the 4th respondent society, the petitioners have filed their nominations and without passing any order whatsoever, the 4th respondent Election Officer has declared the respondents 5 to 15 as the Board of Directors to the 4th respondent society. Hence, the petitioners have filed the present Writ Petition challenging the election of the respondents 5 to 15.

3. Admittedly, challenging the election, the petitioners having a remedy to file a petition under Sec.90 of the Tamil Nadu Co-operative Societies Act, before the competent authority, without availing such remedy, the petitioner cannot maintain the Writ Petition.

4. In view of the above, the present Writ Petition stands dismissed with a liberty to the petitioners to file a petition under Sec.90 of Tamil Nadu Co-operative Societies Act. No costs. Consequently, the connected Writ Miscellaneous Petitions are also dismissed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rpp

To 1.State Election Officer, Co-operative Society Election Wing, Chennai.

2.The District Joint Co-operative Registrar, Gobichettipalayam, Gobi Taluk, Erode Dt.

3.The Deputy Registrar, Office of the Deputy Registrar of Co-operative Soceity, Gobichettipalayam, Erode Dt.

4.Election Officer, K.177, Getticheyur Co-operative Society, Nambiyur Taluk, Erode Dt.

+1cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No.63077. +1cc to the Government Pleader, S.R.No.62972. W.P. 23731 of 2018 and W.M.P.s 27681 & 27682 of 2018 VSNII(CO) rrs 08/10/2018