G.Dharmalingam, v. The Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2016

CORAM

THE HONOURABLE MR. JUSTICE T.S.SIVAGNANAM W.P. No.538 of 2016 G.Dharmalingam [ PETITIONER ] Vs 1 The Election Commissioner, Tamil Nadu State Co-operative Societies, Election Commissioner, No.273, Anna Salai, Kamadenu Super Market 1st Floor, Teynampet, Chennai-600 018.

2 The Joint Registrar of Co-operative Societies, Madhavaram, Chennai-600 051.

3 The Deputy Registrar, Kancheepuram.

4 Tmt.R.Senthamilselvi, Headmistress, Election Officer, G-1549, Thirukazhukundram Milk Producers Co-operative Society, Thirukazhukundram, Kancheepuram District.

5 Tmt.Shanthi, Special Officer, G-1549, Thirukazhukundram Milk Producers Co-operative Society, Thirukazhukundram, Kancheepuram District.

6 G-1549, Thirukazhukundram Milk Producers Co-operative Society, Represented by its Secretary, Thirukazhukundram, Kancheepuram District.

7 R.B.Palanivel 8 T.C.Stalin 9 M.Kothandapani 10 B.Murugan 11 T.V.Kanniappan 12 R.Vinayagam 13 M.Kanmani 14 S.Rajeswari 15 K.Amsa 16 S.Sulochana 17 T.V.Krishnan [ RESPONDENTS ] PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue Writ of Mandamus, directing the third respondent to for with to dispose the Petitioner's appeal dated 6.11.2014 with regard to the Election of the sixth respondent Society Election dated 19/4/2013 pending before the third respondent.

For Petitioner : Mr.P.Pandiyaraj For Respondents 1 to 3 : Mr.R.Bala Ramesh Addl.Govt.Pleader

O R D E R

Heard Mr.P.Pandiyaraj, learned Counsel appearing for the petitioner and Mr.R.Bala Ramesh, learned Additional Government Pleader, accepting notice for the respondents 1 to 3 and with their consent the Writ Petition is taken up for final disposal. 2.The petitioner has filed this Writ petition, praying for a direction to the third respondent to dispose of the Appeal Petition preferred by him dated 6.11.2014, which pertains to the election conducted for the sixth respondent Society on 19.4.2013.

3.Though the private parties have been impleaded in the writ petition, since the allegations made by the petitioner as against the election of the private respondents are not gone into, the notice to the private parties is dispensed with.

4.It is seen that earlier the petitioner approached this court and filed W.P.No.10989 of 2013, to declare the results of the election of the 7th respondent Society, therein as illegal and ultra vires. The said Writ petition was dismissed by an order dated 20.01.2014. However, liberty was granted to the petitioner to challenge the same before the appropriate forum under section 90 of the Tamil Nadu Co-operative Societies Act, 1983. It is only thereafter the petitioner has filed an Application before the third respondent and the matter is now pending before the third respondent.

5.It is submitted by the learned Additional Government Pleader appearing for the official respondents that only now the petitioner has filed a petition to implead the private parties, who were successful in the election and notice has been ordered to the elected parties.

6.In the light of the above, the third respondent is directed to consider the Appeal Petition filed by the petitioner on merits and in accordance with law and after issuing notice to all concerned and after hearing all the parties in person, pass final orders as expeditiously as possible, preferably within a period of three months from the date of receipt of a copy of this order.

The Writ Petition is disposed of with the above observations. No costs.

-s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1 The Election Commissioner, Tamil Nadu State Co-operative Societies, Election Commissioner, No.273, Anna Salai, Kamadenu Super Market 1st Floor, Teynampet, Chennai-600 018.

2 The Joint Registrar of Co-operative Societies, Madhavaram, Chennai-600 051.

3 The Deputy Registrar, Kancheepuram.

4 Tmt.R.Senthamilselvi, Headmistress, Election Officer, G-1549, Thirukazhukundram Milk Producers Co-operative Society, Thirukazhukundram, Kancheepuram District.

5 Tmt.Shanthi, Special Officer, G-1549, Thirukazhukundram Milk Producers Co-operative Society, Thirukazhukundram, Kancheepuram District.

+1 cc to Mr.P.Pandiyaraj Advocate sr.1161 +1 cc to Government Pleader sr.1414 W.P. No.538 of 2016 ctk(co) aa19/01/2016