M.Dhanapal v. Tamil Nadu State Co-Operative Societies
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 29.07.2019 Coram::
The Honourable Dr.Justice G.Jayachandran W.P.No.21851 of 2019 M.Dhanapal, S/o.Mottaya Gounder, Marukkalampatty, Alapuram Post, Pappireddypatti Taluk, Dharmapuri District.
... Petitioner /verus/
1. Tamil Nadu State Co-operative Societies, Election Commissioner, No.273, Kamadhenu Supermarket, I Floor, Anna Salai, Chennai - 600 018.
2. The District Election Officer (Co-operative Societies), Dharmapuri District-cum-Deputy Registrar of Co-operative Societies, Dharmapuri.
3. The Election Officer, D.D.174, Alapuram Primary Agricultural Co-operative Credit Society, Pappireddypatti Taluk, Dharmapuri District.
... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue Writ of Mandamus, directing the respondents to draw sufficient police force for the protection during the process of election to the posts of President and Vice-President to D.D.174, Alapuram Primary Agricultural Cooperative Credit Society and to take video coverage of the entire electoral process by considering the petitioner's representation dated 19.07.2019 and pass orders. For Petitioner : Mr.R.Neelakandan For R1 :Mr.M.S.Palanichamy,Standing Counsel For R2 & R3 : Mr.L.P.Shanmugasundaram, Special Government Pleader
O R D E R
O R D E R
Heard the Learned Counsel for the Petitioner and the Learned Counsel for the respondents.
2. Apprehending the Election for the President and Vice-President in D.D.174, Alapuram Primary Agricultural Cooperative Credit Society will not be conducted in fair and free manner and there is every possibility of irregularity and abuse of power.
3. The petitioner herein has sought for video coverage for the entire Election process and his representation dated 19.07.2019 was given to the State Election Commission is pending. Hence, the present Writ Petition is filed seeking Writ of Mandamus to direct the respondents to give adequate Police force for protection and video coverage during the election process.
4. The Learned Counsel appearing of the Election Commission would submit that there is standing instruction to all the Returning Officers given by the Election Commissioner vide proceedings in e.f.1798/2019/$Nj2(9) dated 27.06.2019, wherein, the Election Officers are directed to take the assistance of the Police force whenever required and to take video coverage of the entire Election Process, by the candidates at their own costs.
5. In the light of the above standing instruction of the Election Commissioner, no specific order is required in this Writ Petition. The 3rd respondent/Election Officer, shall take the assistance of the police and permit the petitioner, if they requires to take video coverage of the entire Election process.
6. Accordingly, the Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar(CS-V ) //True copy// Sub Assistant Registrar bsm
To,
1. Tamil Nadu State Co-operative Societies, Election Commissioner, No.273, Kamadhenu Supermarket, I Floor, Anna Salai, Chennai - 600 018.
2. The District Election Officer (Co-operative Societies), Dharmapuri District-cum-Deputy Registrar of Co-operative Societies, Dharmapuri.
3. The Election Officer, D.D.174, Alapuram Primary Agricultural Co-operative Credit Society, Pappireddypatti Taluk, Dharmapuri District.
+1cc to Mr.L.P.Shanmugasundaram , Advocate SR.No.64867 +1cc to Mr.R.Neelakandan, Advocate SR.No.65133 +1cc to Special Government Pleader(Co-Op) SR.No.65020 W.P.No.21851 of 2019 SSD(CO) GMY(29/08/2019)