M.Ramesh, v. Tamil Nadu State Cooperative

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No.24540 of 2018 M.Ramesh ... Petitioner Vs.

1. The Tamil Nadu State Co-operative Societies Election Commissioner, No.273, Kamadhenu Supermarket, I Floor, Anna Salai, Chennai-600 018.

2. The Joint Registrar of Co-operative Societies, Zonal Election Officer (Co-operative Societies), Tiruvannamalai.

3. The Election Officer, H.H. 561, Santhavasal Primary Agricultural Co-operative Credit Society, Santhavasal, Thiruvannamalai Dt.

4. The Secretary, H.H. 561, Santhavasal Primary Agricultural Co-operative Credit Society, Santhavasal, Thiruvannamalai Dt.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to conduct election to the posts of President and Vice-President of H.H. 561, Santhavasal Primary Agricultural Cooperative Credit Society, by considering the petitioner's representation dated 24.08.2018 within a reasonable time to be fixed by this Hon'ble Court. For Petitioner : Mr.R.Neelakandan, For Respondents : Mr.M.S.Palaniswamy Standing Counsel for R-1 Mr.L.P.Shanmugasundaram, Special Government Pleader for Respondents 2 to 4

O R D E R

This Writ Petition has been filed seeking for a direction directing the 1st respondent to conduct the election to the office-bearers of the 4th respondent cooperative society.

2. The grievance of the petitioner is that after completion of election to the Board of Directors, further election to the office-bearers viz., President and VicePresident of the 4th respondent cooperative society was not conducted by the Election Officer. Hence, the petitioner has filed the present Writ Petition.

3. Earlier, notice was ordered to the respondent and today, when the matter was taken up for hearing, Mr.L.P.Shanmugasundaram, learned Special Government Pleader appearing for the respondents, on instructions, submitted that the election to the office-bearers was conducted on 11.08.2018 and there is only one nomination for the post of President and two nominations were filed for the post of Vice-President. Hence, the election for the post of Vice-President was conducted and Mr.P.Panneerselvam was declared as elected to the post of Vice-President.

4. Mr. R.Neelakandan, learned counsel appearing for the petitioner submitted that even though, the petitioner was one of the Board of Directors, he was not aware of the election conducted to the office-bearers.

5. Considering the fact that the election to the officebearers of the 4th respondent cooperative society was already over, if the petitioner has any grievance over the same, the only remedy available to the petitioner is to file a petition under Sec.90 of Tamil Nadu Cooperative Societies Act.

6. In the result, the present Writ Petition stands closed with a liberty to the petitioner to file a petition under Sec.90 of the Tamil Nadu Cooperative Societies Act, if he so adviced. No costs.

Rpp Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To

1. The Tamil Nadu State Co-operative Societies Election Commissioner, No.273, Kamadhenu Supermarket, I Floor, Anna Salai, Chennai-600 018.

2. The Joint Registrar of Co-operative Societies, Zonal Election Officer (Co-operative Societies), Tiruvannamalai.

+1cc to Mr.R.Neelakandan, Advocate S.R.No.65692 +1cc to Mr.L.P.Shanmugasundaram, Advocate S.R.No.66104 +1cc to the Government Pleader, S.R.No.66689 KR/14/11/18 W.P.No.24540 of 2018