V.Jaisankar v. The State Election Commissione

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.06.2018

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.14419 of 2018 and W.M.P. No.17026 of 2018 V.Jaisankar ..

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

2.The District Election Officer, (Co-operative Elections), Dharmapuri District, Dharmapuri.

3.The Election Officer, DD-180, Dharmapuri and Krishnagiri District, School Noon-Meal Employees Co-operative Thrift & Credit Society, Dharmapuri Taluk and District.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the first respondent to cancel the Election to the Board of Management of DD180, Dharmapuri and Krishnagiri District School Noon-Meal Employees Thrift and Credit Society, Dharmapuri Taluk & District namely 3rd respondent society commenced on 31.03.2018 and on subsequent dates and further direct the respondents 1 and 2 to hold the fresh election to the above said society strictly in accordance with law by

considering the petitioner's representations dated 02.04.2018 and 06.04.2018.

For Petitioner : Mr.D.Baskar For Respondents: Mr.M.S.Palanisamy, Standing Counsel for R1 Mr.L.P.Shanmuga Sundaram, Special Government Pleader for R2 and 3

ORDER

This writ petition has been filed seeking a direction to the first respondent to cancel the Election to the Board of Management of DD180, Dharmapuri and Krishnagiri District School Noon-Meal Employees Thrift and Credit Society, Dharmapuri Taluk & District namely 3rd respondent society commenced on 31.03.2018 and on subsequent dates and further direction to respondents 1 and 2 to hold fresh election to the above said society strictly in accordance with law by considering the petitioner's representations dated 02.04.2018 and 06.04.2018.

2.The petitioner has mistakenly come to this Court instead of approaching the Election Tribunal under Section 90 of the Tamil Nadu Co-operative Societies Act seeking the above prayer.

3.When the third respondent has published the list of selected candidates on 03.04.2018 which shows that the elections were already held for the post of Directors in the board of Management, the petitioners cannot come to this Court by way of filing this petition. Therefore, this Court is not inclined to entertain this petition and the same is dismissed granting liberty to the petitioner to move a petition before the Election Tribunal if he desires. No costs. 18.06.2018 vga To 1.The State Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, No.273, Kamathenu Co-operative Stores, Anna Salai, Chennai-600 018.

2.The District Election Officer, (Co-operative Elections), Dharmapuri District, Dharmapuri.

3.The Election Officer, DD-180, Dharmapuri and Krishnagiri District, School Noon-Meal Employees Co-operative Thrift & Credit Society, Dharmapuri Taluk and District.

T.RAJA, J.

vga W.P. No.14419 of 2018 18.06.2018