Madras High CourtWP/12560/2018disposed of

V.Anand, v. The State Of Tamilnadu

2018-06-12Honourable The Chief Justice,Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.06.2018 CORAM :

The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE AND The Hon'ble Ms.JUSTICE P.T.ASHA W.P. No.12560 of 2018 V.Anand .. Petitioner -vs1.The State of Tamil Nadu, Rep. by Secretary to Government, Co-operative Department, Fort St. George, Chennai 600 009.

2.The Commissioner, Tamil Nadu Co-operative Societies Election Commission, No.273, Kamadhenu Supermarket, Anna Salai, Chennai-2.

3.The Secretary, Tamil Nadu Co-operative Societies Election Commission, No.273, Kamadhenu Supermarket, Anna Salai, Chennai-2.

4.The Registrar Poonamallee High Road, Kilpauk, Chennai.

5.The Deputy Registrar, Tamil Nadu Co-operative Society (Non-Loan) Kuralagam, Chennai 600 108.

6.The District Election Officer, Poonamallee High Road, Kilpauk, Chennai.

.. Respondents

Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to consider petitioner's representation dated 10.05.2018 and to take necessary measures to constitute a three member Committee under the Head of a Retired High Court Judge to remove the names of the deceased members of the society and to prepare a fresh list with the name of surviving members of the Madras Advocates' Co-operative Society Ltd., to conduct fair election under the supervision of the Committee. For Petitioner :

Mr.G.Mohanakrishnan For Respondents :

Mr.Vijay Narayanan, Advocate General, assisted by Mr.L.P.Shanmugasundaram, Spl.G.P. for RR 1 , 3 to 6 :

Mr.N.R.Chandran, Sr. Counsel for Mr.M.S.Palanisamy for R-2 * * * * *

O R D E R

(Made by Ms.Indira Banerjee, Chief Justice) This writ petition has been filed seeking a writ of mandamus directing the respondents to consider the petitioner's representation dated 10.05.2018 and to constitute a three-member Committee under the head of a retired High Court Judge to remove the names of the deceased members of the Madras Advocates' Cooperative Society Ltd. from the list of voters. 2.This Court deems it appropriate to constitute a Committee led by Mr.S.V.Jayaraman, Senior Advocate, and comprising Mr.G.Mohanakrishnan, the President of Madras High Court Advocates' Association, Mr.V.R.Kamalanathan, the Secretary of the Madras Bar Association, Mr.T.V.Krishnakumar, the President of the Law Association and Mrs.V.

Nalini, the President of Women Lawyers Association to examine the list of members/voters of the Madras Advocates' Cooperative Society Limited for deletion of names of deceased members and inclusion of names of members who might have been omitted and to make recommendations to the District Election Officer for updating the list. 3.On the recommendation of the Committee, the District Election Officer shall update the list by deletion of the names of deceased members and by inclusion of names, if any, of members of the Society, omitted from the existing list.

4. The exercise shall be carried out within two (2) months and the list shall positively be revised within three (3) months

from date. After the revised list is prepared, the same may be published and objections thereto, invited within three (3) weeks from the date of publication. If no objection is received, the list may be finalised. If any objection is received, the objection may be taken into consideration and thereafter, the list finalised within one (1) month. The Election Commission shall, thereafter, conduct the elections in accordance with law. It is made clear that this order is restricted only to the Madras Advocates' Cooperative Society Ltd.

The writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar sra To 1.The Secretary to Govt. of Tamil Nadu, Co-operative Department, Fort St. George, Chennai 600 009.