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Madras High CourtWP/23470/2019dismissed

Ravirajamurugan S v. The Secretary

2019-08-09Honourable Dr Justice G. Jayachandran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 09.08.2019 Coram:

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Writ Petition No.23470 of 2019 and W.M.P.Nos.23255, 23256 and 23260 of 2019 1.Ravirajamurugan 2.N.Bharathiraj 3.A.Suresh Babu 4.P.Babu .. Petitioners /versus/ 1.The Secretary, West Zone Committee, Co-operative Elections, Coimbatore.

2.The State Election Commissioner Co-operative Elections, Kamadhenu Super Market Building, 273, Scheme Road, Subbaroya Nagar, Teynampet, Anna Salai, Chennai 600 018.

3.The District Election Officer/ Deputy Registrar of Co-operative Societies, Salem Circle, Salem District.

4.The Election Officer, S.S.47, Salem Panchayat Union, Teachers and Employees Co-operative Thrift and Credit Society Limited, Salem District.

5.M.Srinivasan 6.Rajkumar.A .. Respondents

Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari calling for the records relating to the order in Case No.165 of 2018, dated 21.06.2019 of the 1st respondent and quash the same.

For Petitioners :Mr.M.Ravi For Respondent :Mr.M.S.Palanisamy for R2 Mr.L.P.Shanmughasundaram R3 & R4 ---

ORDER

By consent the writ petition itself is taken up for final disposal at the admission stage itself.

2. The prayer in the writ petition is to issue a Writ of Certiorari calling for the records relating to the order in Case No.165 of 2018, dated 21.06.2019 of the 1st respondent and quash the same.

3.Heard the learned counsel appearing for the petitioners and the learned counsels appearing for respondents 2 to 4.

4. I do not find any irregularity in the impugned order passed by the first respondent Committee, though the petitioners state that opportunity was not given to them to putforth their case and being the duly elected members, fair opportunity should have been given to them to make their submissions.

5. This Court finds that notice was given to the petitioners and they have represented through a counsel by name Mr.D.Karthikeyan who has filed vakalat on behalf of the petitioners. Since the first respondent Committee has found that improper nomination of few candidates has been rejected by the Returning Officer, fresh polling has been ordered, after accepting the nomination of the candidates, which was improperly rejected. Hence, this Court finds no merits in the contention of the petitioners. Therefore, this Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar

ari To 1.The Secretary, West Zone Committee, Co-operative Elections, Coimbatore.

2.The State Election Commissioner Co-operative Elections, Kamadhenu Super Market Building, 273, Scheme Road, Subbaroya Nagar, Teynampet, Anna Salai, Chennai 600 018.

3.The District Election Officer/ Deputy Registrar of Co-operative Societies, Salem Circle, Salem District.

+1cc to Mr.Shanmuga Sundaram , Advocate SR.No. 96203 +1cc to Mr.Ravi , Advocate SR.No. 68909 +1 cc to Government Pleader Sr.No. 68920 W.P.No.23470 of 2019 and W.M.P.Nos.23255, 23256 and 23260 of 2019 A.SK(10/09/2019)