M.Ramachandran v. The State Election Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2018

CORAM

THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN W.P.No.26898 of 2018 and W.M.P.Nos.31243 & 31246 of 2018 1.M.Ramachandran 2.Vasudevan 3.Poongavanam 4.Thailan 5.Pavayee ... 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/ District Revenue Officer, General Manager, Tamil nadu Sugar Corporation, Nandanam, Anna Salai, Chennai - 600 035.

3.The Election Officer, Kallakurichi Cooperative Sugar Mill - II, Kachirapalayam, Chinna Salem Taluk, Villupuram District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to furnish the copy of the rejection order of the petitioner's nomination for enabling them to challenge the same before the competent authority. For Petitioner : Mr.C.Prakasam For Respondents: Mr.M.S.Palaniswamy, Standing Counsel for R1.

Mr.L.P.Shanmugasundaram, Special Government Pleader for RR 2& R 3.

O R D E R

This writ petition has been filed seeking a direction to the third respondent Election Officer to furnish copy of the order rejecting the petitioner's nomination.

2. The grievance of the petitioner is that he has filed his nomination of election to the Board of Directors to the third respondent Cooperative Society. During the scrutiny, his nomination has been rejected. However, the copy of the order rejecting his nomination was not furnished on him. In the said circumstances, the present writ petition has been filed.

3. I have heard the learned counsel appearing for the petitioner and the learned Standing Counsel takes notice to the first respondent and the learned Special Government Pleader takes notice to the respondents 2 and 3.

4. Considering the fact the limited prayer sought for in the writ petition, without going into the merits of the case, the third respondent is directed to furnish the copy of the rejection order within a period of two weeks from the date of receipt of a copy of this order.

5. Accordingly, this writ petition is allowed. No costs. Consequently, the connected Miscellaneous Petitions are closed.

Sd/- Assistant Registrar(CS-V) //True Copy// Sub Assistant Registrar mrp/mbi 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/District Revenue Officer, General Manager, Tamil nadu Sugar Corporation, Nandanam, Anna Salai, Chennai - 600 035.

3.The Election Officer, Kallakurichi Cooperative Sugar Mill - II, Kachirapalayam, Chinna Salem Taluk, Villupuram District.

+ 1 cc to Mr.C.Prakasam, Advocate Sr.70280 + 1 cc to Mr. L.P. Shanmugasundaram Advocate SR.70504 + 1 cc to Government Pleader Sr.70529 W.P.No.26898 of 2018 and W.M.P.Nos.31243 & 31246 of 2018 VBA(CO) EU(03/12/2018)