C.Niranjana, v. The State Election

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.13978 of 2018 C.Niranjana ..

Petitioner -vs1. The State Election Commissioner Tamil Nadu State Cooperative Societies Election Commission No.273, Anna Salai Teynampet Chennai 600 018

2. The District Election Officer cum Assistant Director Handloom cum Textile Bhavani Main Road Veerappan Chathiram Post Erode District

3. The Election Officer E.H.44, Anna Handloom Weavers Co-operative Society Thandampalayam Village and Post Sivagiri Via Erode District 638 109 ..

Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondents 1 and 2 to cancel the election for 7 Director Posts to the third respondent Society E.H.44 Anna Handloom Weavers Cooperative Society and to conduct fresh election by considering petitioner's election nomination for the above Director Post. For Petitioner ::

Mr.K.K.Senthilvelan For Respondents ::

Mr.M.S.Palanisamy Standing Counsel for R1 Mr.L.P.Shanmughasundaram Special Government Pleader for R2 & 3

ORDER

This writ petition has been filed seeking a mandamus directing the first and second respondents to cancel the election for 7 Director Posts to the third respondent-E.H.44 Anna Handloom Weavers Cooperative Society and to conduct fresh election by considering the petitioner's election nomination for the above Director Post.

2. This Court is not inclined to entertain the writ petition, for the simple reason that elections were already over for selecting the seven Directors in the third respondent society. Since the petitioner, if aggrieved, has to only approach the Election Tribunal under Section 90 of the Tamil Nadu Cooperative Societies Act within sixty days from the date of election, she has to work out his remedy in the manner known to law and cannot come to this Court seeking a mandamus at this stage. Hence, this writ petition is dismissed. No costs. Sd/- Assistant Registrar(co) //True Copy// Sub Assistant Registrar ss To

1. The State Election Commissioner Tamil Nadu State Cooperative Societies Election Commission No.273, Anna Salai Teynampet Chennai 600 018

2. The District Election Officer cum Assistant Director Handloom cum Textile Bhavani Main Road Veerappan Chathiram Post Erode District

3. The Election Officer E.H.44, Anna Handloom Weavers Co-operative Society Thandampalayam Village and Post Sivagiri Via Erode District 638 109 +1cc to Mr.L.P.Shanmughasundaram, Advocate Sr.No.37185 +1cc to Mr.K.K.Senthil Velan, Advocate Sr.No.36707 KJI(CO) sm:27.6.2018 W.P.No.13978 of 2018