R.Mahendran v. The State Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.10.2018 C O R A M THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN Writ Petition No.25407 of 2018 R.Mahendran ... Petitioner Vs.

1. The State Election Commissioner, Cooperative Election, Kamadhenu Super Market Building, No.273, Scheme Road, Subburaya Nagar, Teynampet, Anna Salai, Chennai - 18.

2. The District Election Officer / Deputy Registrar of Cooperative Societies, Dharapuram Circle, Dharapuram, Tiruppur District.

3. The Election Officer, K.797 Kongalnagaram Primary Agricultural Cooperative Credit Society, Kongalnagaram, Gudimangalam Via, Udumalpet Taluk, Tiruppur District.

... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to consider and pass orders on merits by disposing the written representation made by the petitioner on 16.08.2018 within a stipulated time.

For Petitioner : Mr.C.Prakasam For Respondents : Mr.M.S.Palaniswamy for R1, Standing Counsel for Tamilnadu State Co-op Societies, Election Commission.

Mr.L.P.Shanmugasundaram, for R2 & R3.

Special Government Pleader, Co-operatives.

O R D E R

The Writ Petition has been filed seeking a direction to the 1st respondent/State Election Commissioner to conduct the election for the Primary Agricultural Cooperative Credit Society, Kongalnagaram, Tiruppur, and to consider the petitioner's representation dated 16.08.2018.

2. The grievance of the petitioner is that, the election to the Board of Directors of the 3rd respondent society was scheduled on 16.08.2018, but the election was postponed by the Election Officer. Thereafter the election to the society was not conducted, hence the petitioner send representation to the 1st respondent to conduct the election, so far no order has been passed on his representation. Hence, the present writ petition has been filed.

3. Mr.M.S.Palaniswamy, learned Counsel appearing for the 1st respondent submitted that, now the District Collector office, has submitted a report in respect of conducting the election before the 1st respondent and it is being under consideration.

4. Recording the submission, the 1st respondent is directed to consider the petitioner's representation and pass suitable orders on merits and in accordance with law, within a period of two weeks from the date of the receipt of copy of this order.

5. The Writ Petition is disposed of with the above direction. No Costs.

Sd/- Assistant Registrar(CS-VI) //True copy// Sub Assistant Registrar msvm To

1. The State Election Commissioner, Cooperative Election, Kamadhenu Super Market Building, No.273, Scheme Road, Subburaya Nagar, Teynampet, Anna Salai, Chennai - 18.

2. The District Election Officer / Deputy Registrar of Cooperative Societies, Dharapuram Circle, Dharapuram, Tiruppur District.

3. The Election Officer, K.797 Kongalnagaram Primary Agricultural Cooperative Credit Society, Kongalnagaram, Gudimangalam Via, Udumalpet Taluk, Tiruppur District.

+1cc to Mr.C.Prakasam, Advocate SR.No.68238 +1cc to Government Pleader SR.No.68132 Writ Petition No.25407 of 2018 PA(CO) GMY(28/11/2018)