Madras High CourtWP/23786/2018withdrawn dismissed

Murugan v. Tamil Nadu State Co-Operative

2018-09-11Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P. 23786 of 2018 and W.M.P. 27732 of 2018 N.Murugan ... Petitioner Vs

1. Tamil Nadu State Co-operative Societies Election Commission, rep. by the Commissioner, No.273, Kamadhenu Supermarket, 1st Floor, Anna Salai, Chennai-600 018.

2. The District Election Officer, Co-operative Department, Dharmapuri Dt.

3. The Election Officer, K.K.225, Maniyathahalli Primary Agricultural Co-operative Credit Society Ltd., Maniyathahalli Village, Nallampalli Tk., Dharmapuri Dt.

4. The Secretary, K.K.225, Maniyathahalli Primary Agricultural Co-operative Credit Society Ltd., Maniyathahalli Village, Nallampalli Taluk, Dharmapuri Dt.

5. R.Sivasakthi

6. G.Sivakumar residing at K.K.225, Primary Agricultural Cooperative Society, Maniyathahalli Village, Nallampalli Tk., Dharmapuri Dt.

... Respondents

PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Declaration, declaring the selection of President to the 4th respondent society in an election conducted by the 3rd respondent on 07.09.2018 as null and void, unconstitutional, illegal and non-est in law and further direct the respondents 1 and 2 to conduct the fresh election to the 4th respondent society by strictly following the Tamil Nadu Cooperative Societies Rules, 1988. For Petitioner : Mr.J.Raja Rao For Respondents : Mr.M.S.Palaniswamy Standing Counsel for R-1 Mr.L.P.Shanmugasundaram Special Government Pleader for Respondents 2 to 6

O R D E R

This Writ Petition has been filed for declaration declaring the selection of President to the 4th respondent society in the election conducted by the 4th respondent society as null and void.

Admittedly, it is a settled law, challenging the election, the petitioner is having only remedy available to him to file a petition under Sec.90 of the Tamil Nadu Co-operative Societies Act before the competent authority. In view of the same, the petitioner is permitted to withdraw the Writ Petition with a liberty to file a petition under Sec.90 of Tamil Nadu Cooperative Societies Act. No costs. Consequently, the connected Writ Miscellaneous Petition is also closed.

Sd/- Deputy Registrar //True Copy// Sub Assistant Registrar

rpp +1cc to Mr.J.Raja Rao, Advocate Sr.63232 +1cc to L.P.Shanmugasundaram, Advocate Sr.63067 W.P. 23786 of 2018 and W.M.P. 27732 of 2018 srg 26/09/2018