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Madras High CourtWP/13566/2018dismissed

P.Ravi Mohan v. The Commissioner,

2018-06-06Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.13566 of 2018

1. P.Ravi Mohan

2. R.Santhi

3. A.N.Murugesan

4. N.Chinnasamy

5. N.Gowrishankar

6. P.Senthilkumar

7. K.Jeganathan

8. K.Gurusamy

9. Sengodan 10.K.Indira 11.R.Bakiyalakshmi ..

Petitioners -vs1. The Commissioner Tamil Nadu Co-operative Societies Election Commission No.273, Anna Salai Chennai 600 018

2. The Registrar of Co-operative Societies Kilpauk Chennai 600 010

3. The District Collector

4. The District Election Officer The Deputy Registrar Namakkal Collectorate Office

5. The Joint Registrar Co-operative Societies Joint Registrar Office Tiruchengode

6. S.5834 T.Anangur Primary Agricultural Co-operative Society rep.by its President Anangur Village Kumarapalayam Taluk

7. The Electoral Officer S.5834 T.Anangur Primary Agricultural Co-operative Society Anangur Village Kumarapalayam Taluk

8. The Superintendent of Police

9. M.Thangaraj 10.M.Palanichamy 11.P.Chitra 12.M.Megala 13.R.Mahalakshmi 14.M.Singaravelu 15.P.Vijiyakumar 16.P.Eswari 17.V.Chinnusamy 18.R.Sellottuvelu 19.K.Arjunan ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents to consider the representation dated 09.04.2018 and consequently directing them to conduct re-election. For Petitioners ::

Mr.T.Muthukrishnan For Respondents ::

Mr.M.S.Palanisamy Standing Counsel for R1 Mr.L.P.Shanmughasundaram Special Government Pleader for R2, 4 to 7 Mr.V.Jayaprakash Narayanan Special Government Pleader for R3 & 8

ORDER

This writ petition has been filed seeking a mandamus directing the respondents to conduct re-election for electing the office bearers of the sixth respondent society.

2. When the matter was taken up, Mr.M.S.Palanisamy, learned counsel for the first respondent-Election Commission submitted that the prayer in the writ petition has become infructuous, since the election for electing the office bearers, namely,

President, Vice-President and others was already held on 7.4.2018 and thereafter the elected office bearers have also assumed office and discharging their duties from 9.4.2018. Therefore, the only remedy available to the petitioner is to approach the Election Tribunal under Section 90.

3. Recording the said statement, finding that the prayer has become infructuous and the remedy lies only before the Election Tribunal under Section 90, this writ petition is dismissed. Consequently, W.M.P.No.15983 of 2018 is also dismissed. No costs.

Sd/- Assistant Registrar(CS-vii) //True Copy// Sub Assistant Registrar ss To

1. The Commissioner Tamil Nadu Co-operative Societies Election Commission No.273, Anna Salai Chennai 600 018

2. The Registrar of Co-operative Societies Kilpauk Chennai 600 010

3. The District Collector

4. The Superintendent of Police +1cc to Mr.L.P.SHANMUGASUNDARAM, Advocate, S.R.No.35212 +1cc to Mr.T.MUTHUKRISHNAN, Advocate, S.R.No.35733 +1cc to the Government Pleader, S.R.No.35375 W.P.No.13566 of 2018 TR(13/06/2018)