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Madras High CourtWP/17988/2020disposed of

M.Nagappan v. The State Electon Commissioner

2020-12-11Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :11.12.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.22326 & 22327 of 2020 1.M.Nagappan, M/65 years, S/o.Marimuthu, 489, 1010, Weavers Colony, Muagasipidariyur, Chennimalai, Erode District. 2.C.Kannusamy, M/68 years, S/o.Chinnusamy Gounder, Senthampalayam, Muagasipidariyur, Chennimalai, Erode District.

... Petitioners Vs.

1.The State Election Commissioner, Tamil Nadu State Co-operative Societies Election Commission, Kamadhenu Super Market Building, No.273, Scheme Road, Subbarayan Nagar, Teynampet, Chennai 600 018.

2.The District Election Officer, Erode District, Erode.

3.The Election Officer, A.A.399, Chennimalai Industrial Weavers' Co-operative Society, Chennimalai, Erode District.

4.Cheran The Election Officer, A.A.399, Chennimalai Industrial Weavers'

Co-operative Society, Chennimalai, Erode District.

... Respondents 1/4

Prayer: This Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the 3rd respondent to include the petitioners nomination in the valid candidates lists and to proceed with the election for the Board of Directors of the 3rd Respondent society without rejecting the petitioners' nomination and by withdrawing the published present list of candidates.

For Petitioners : Mr.N.Ponraj For Respondent : Mr.S.Palanisamy, (for R1) Standing counsel Mrs.T.Girija, (for R2 & R4) Additional Government Pleader Mr.L.P.Shanmugasundaram (for R3) Special Government Pleader

ORDER

This Writ Petition has been filed for the issue of Writ of Mandamus, directing the third respondent to include the name of the petitioners in the nomination form, in order to enable the petitioners to participate in the election for the board of directors of the third respondent Society. 2.Heard Mr.N.Ponraj, learned counsel for the petitioner; Mr.S.Palanisamy, learned standing counsel for R1, Mrs.T.Girija, learned Additional Government Pleader for R2 & R4 and Mr.L.P.Shanmugasundaram learned Special Government Pleader for R3.

2/4

3.It is informed to this Court that the elections are already over and the office bearers have taken charge. Therefore, the main relief that has been sought for in this Writ Petition has become infructuous. Learned counsel for the petitioner requested this Court to direct the second respondent to give a report to the first respondent regarding the election, which was conducted, pursuant to the communication made by the first respondent to the second respondent in Na.Ka.No.1444/2020/T/nj/3. dated 09.10.2020.

4.The second respondent shall furnish a report to the first respondent in accordance with the communication made by the first respondent dated 09.10.2020. Except giving this direction, no further orders can be passed in this Writ Petition and accordingly, this Writ Petition is disposed of. Consequently, connected Miscellaneous Petitions are closed. No costs. 11.12.2020 Index :Yes/No Internet:Yes/No sai/pgp 3/4

N.ANAND VENKATESH,J.

sai/pgp To 1.The State Election Commissioner, Tamil Nadu State Co-operative Societies Election Commission, Kamadhenu Super Market Building, No.273, Scheme Road, Subbarayan Nagar, Teynampet, Chennai 600 018.

2.The District Election Officer, Erode District, Erode.

3.The Election Officer, A.A.399, Chennimalai Industrial Weavers' Co-operative Society, Chennimalai, Erode District.

and W.M.P.Nos.22326 & 22327 of 2020 Dated: 11.12.2020 4/4