P.Mani, S/O.Pattapa v. The State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Special Original Jurisdiction ) Thursday, the Sixth day of September Two Thousand Eighteen PRESENT THE HON'BLE MR.JUSTICE S.S.SUNDAR WP No.23129 of 2018 and WMP.No.27029 of 2018 P.MANI [ PETITIONER IN BOTH THE PETITIONERS ] Vs 1 THE STATE OF TAMILNADU [ RESPONDENTS IN BOTH THE PETITIONERS ] REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, AGRICULTURE CO OPERATIVE SOCIETIES, FORT ST.GEORGE, CHENNAI 600 009 2 THE ELECTION COMMISSIONER, TAMILNADU STATE COOPERATIVE SOCIETIES, NO.273, KAMADENU SUPER MARKET, 1 FLOOR, ANNA SALAI, CHENNAI 600 018 3 THE REGISTRAR OF COOPERATIVE SOCIETIES, NO.170 , EVR PERIYAR ROAD, KILPAUK,CHENNAI -10 4 THE JOINT REGISTRAR OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, VANDAVASI ROAD, KANCHIPURAM, KANCHIPURAM DISTRICT 5 THE DISTRICT ELECTION OFFICER MADURANTAKKAM CIRCLE DEPUTY REGISTRAR, KANCHIPURAM DISTRICT 6 THE ELECTION OFFICER G 1782 BUDOOR PRIMARY AGRICULTURE COOPERATIVE CREDIT SOCIETY, BUDOOR, 7 DEIVASIGAMANI, PRESIDENT OF G.1782 BUDOOR PRIMARY AGRICULTURE, CO OPERATIVE CREDIT SOCIETY, BUDOOR, KANCHIPURAM DISTRICT 603308

8 V.KUMAR, VICE PRESIDENT OF G.1782 BUDOOR PRIMARY AGRICULTURE CO OPERATIVE CREDIT SOCIETY, BUDOOR, KANCHIPURAM DISTRICT 603308 9 V.SELVI, DIRECTOR OF G.1782 BUDOOR PRIMARY AGRICULTURE, COOPERATIVE CREDIT SOCIETY, BUDOOR, 10 S.SAMPORNAN DIRECTOR OF G.1782 BUDOOR PRIMARY AGRICULTURE, COOPERATIVE CREDIT SOCIETY, BUDOOR, KANCHIPURAM DISTRICT 603 308 11 PUNGODI, DIRECTOR OF G.1782 BUDOOR PRIMARY AGRICULTURE, COOPERATIVE CREDIT SOCIETY, BUDOOR, 12 P.PALANI, DIRECTOR OF G.1782 BUDOOR PRIMARY AGRICULTURE, COOPERATIVE CREDIT SOCIETY, BUDOOR, 13 P.LAKSHMANAN DIRECTOR OF G.1782 BUDOOR PRIMARY AGRICULTURE, COOPERATIVE CREDIT SOCIETY, BUDOOR, KANCHIPURAM DISTRICT 603 308 14 V.KUMAR, DIRECTOR OF G.1782 BUDOOR PRIMARY AGRICULTURE, COOPERATIVE CREDIT SOCIETY, BUDOOR, KANCHIPURAM DISTRICT 603 308 15 L.JAISHANKAR, DIRECTOR OF G.

1782 BUDOOR PRIMARY AGRICULTURE, COOPERATIVE CREDIT SOCIETY, BUDOOR, KANCHIPURAM DISTRICT 603 308 16 S,NANDAKUMAR DIRECTOR OF G.1782 BUDOOR PRIMARY AGRICULTURE, COOPERATIVE CREDIT SOCIETY, BUDOOR, KANCHIPURAM DISTRICT 603 308 17 K.RAJKUMAR DIRECTOR OF G.

Writ Petitions under article 226 of the Constitutions of India praying that in these circumstances stated therein and in the respective affidavits filed therewith the High Court will be pleased to (I) issue a Writ or Direction and more specifically a Writ or Order in the nature of Writ of Certiorearified Mandamus Calling for the records of the result dated 07.08.2018 issued by the 6th Respondent/The Election Officer for G.1782 Budoor Primary Agriculture Co-operative credit society pertaining to the announcement/notification published by the 2nd Respondent in Thina Thanthi Newspaper dated 22.4.

2018 and quash the same and consequently direct the 6th Respondent to conduct Election Polling as per TamilNadu Co operative Societies Act 1983 and TamilNadu co operative societies Rules 1988 related to co operative elections within time framed b y this Hon'ble court [ in WP.No.23129 of 2018 ] and (II) grant ad interim injunction restraining the respondents from further proceedings in any manner based on the impugned election result issued by the 6th respondent / The Election Officer of G.1782 Budoor Primary Agriculture cooperative credit society dated 07.08.2018 [ in WMP.No.27029 of 2018 ] pending WP.No.23129 of 2018 respectively.

Order : These petitions coming on for orders upon perusing the petitions and the respective affidavits filed in support thereof and upon hearing the arguments of M/S.M.DHARANI DHARAN, Advocate for the petitioner and of MR.L.P.SHANMUGASUNDARAM, SGP taking notice on behalf of the 1st and 3rd to 5th Respondents in both the petitions and of MR.M.S.PALANI SAMY, Advocate taking notice for the 6th respondents in both the petitions, the court made the following order:- Mr.L.P.Shanmugasundaram, learned Special Government Pleader takes notice for the respondents 1 and 3 to 5 and Mr.M.S.Palanisamy, learned counsel takes notice for sixth respondent. Notice to the respondents 2 and 7 to 17 returnable in six weeks. Private Notice is also permitted.

2. A Notification was published in newspaper on 22.04.2018 for conducting Election to Budoor Primary Agriculture Credit Society. It is stated that nomination papers were to be submitted on or before 30.04.2018 and that 37 candidates have submitted their nominations.

3. As per the notification, nomination should be submitted on or before 30.04.2018 and the same should be scrutinized on 02.05.2018. However, it is stated that the Election Officer did not scrutinize the nomination papers and there was no Election. It is

further stated by the petitioner that even without issuing notice to any of the candidates, who submitted their nominations and without conducting Election, the sixth respondent-District Election Officer, unilaterally declared a list of eleven candidates as Directors for the G.1782 Budoor Primary Agriculture Credit Society. The learned counsel for the petitioner has also produced news items picturising agitations by members pursuant to the illegal conduct of the sixth respondent.

4. In a Democratic Country like ours, any action in violation of Rules, particularly, in Election matters, cannot be tolerated and Court cannot afford to be a silent spectator even when serious irregularity which invalidates the Election is pointed out. Though it is a case which has to be enquired further, since there is an infringement of Constitutional mandates offending statutory protection, this Court is inclined to grant interim order. Hence, there shall be an order of interim injunction for a period of six weeks.

5. Post the Writ Petition after six weeks.

-sd/- 06/09/2018 / TRUE COPY / Sub-Assistant Registrar ( Statistics / C.S. ) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL SECRETARY TO GOVERNMENT, GOVERNMENT OF TAMILNADU PRINCIPAL SECRETARY TO AGRICULTURE CO OPERATIVE SOCIETIES, FORT ST.GEORGE, CHENNAI 600 009 2 THE ELECTION COMMISSIONER, TAMILNADU STATE COOPERATIVE SOCIETIES, NO.

273, KAMADENU SUPER MARKET, 1 FLOOR, ANNA SALAI, CHENNAI 600 018 3 THE REGISTRAR OF COOPERATIVE SOCIETIES, NO.170 , EVR PERIYAR ROAD, KILPAUK,CHENNAI -10 4 THE JOINT REGISTRAR OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES, VANDAVASI ROAD, KANCHIPURAM, KANCHIPURAM DISTRICT 5 THE DISTRICT ELECTION OFFICER MADURANTAKKAM CIRCLE DEPUTY REGISTRAR, KANCHIPURAM DISTRICT

6 THE ELECTION OFFICER G 1782 BUDOOR PRIMARY AGRICULTURE COOPERATIVE CREDIT SOCIETY, BUDOOR, C.C. to M/S.M.DHARANI DHARAN Advocate SR.NO..NO.10690 C.C. to M/S.M.S.PALANI SAMY, Advocate on payment of necessary charges The Special Government Pleader, High Court, Madras - 104. Order in WP.23129/2018 and WMP.No.27029 of 2018 Date :06/09/2018 From 26.2.2001 the Registry is issuing certified copies of the Interim Orders in this format RRI 07/09/2018