Madras High CourtWP/29977/2018disposed of

S.Ravi v. The Tamil Nadu Cooperative Societies Election Commissioner

2018-11-29Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.11.2018

CORAM

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.No.29977 of 2018 S.Ravi

...Petitioner

1. The Tamil Nadu Co-operative Societies Election Commission, Kamadenu Supermarket Building, No.273, Scheme Road, Subburayan Nagar, Teynampet, Chennai - 600 018.

2. The Deputy Registrar of Co-operative Societies, Sankarampalayam, Vellore -1.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, seeking for an issuance of Writ of Mandamus, directing the respondents to dispose the petitioner representation dated 24.09.2018 pending before the respondent. For Petitioner :

Mr.R.Rajaram For Respondents : Mr.M.S.Palaniswamy, Standing Counsel for R1 Mr.L.P.Shanmugasundaram, Special Government Pleader for R2

O R D E R

This writ petition has been filed seeking a direction to the respondents to consider the petitioner's representation dated 24.09.2018.

2. According to the learned counsel for the petitioner, the election to the Governing Board of the Ponnai Primary Agricultural Co-operative Society was held on 27.04.2018. After polling, the election has been postponed by the Election Officer. Thereafter, counting was not taken and the result was not declared. A representation was made by the petitioner on 24.09.2018 before the Deputy Registrar of Co-operative Society, Vellore to declare the election results that was not considered by the respondents. Hence, the present Writ Petition has been filed by the petitioner.

3. Earlier, notice was ordered to the respondents. Today, when the matter is taken up for hearing, the learned Special Government Pleader appearing for the second respondent submitted that due to some law and order problem, the Election to the Office Bearers of the Ponnai Primary Agricultural Co-operative Society has been postponed. Subsequently, the Election Officer sent a delayed report to the respondent seeking for further orders. So far, no order has been passed by the first respondent.

4. Mr.M.S.Palaniswamy, learned counsel appearing for the first respondent, on instructions, submitted that report of District Election Officer is pending consideration on the file of the first respondent and the first respondent has to pass a suitable orders on merits.

5. Considering the above submissions, it is seen that now the matter is pending before the first respondent for passing orders. Therefore, the first respondent is directed to consider the report of District Election Officer and pass suitable order on the same within a period of two weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of. No costs.

rkp Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To

1. The Tamil Nadu Co-operative Societies Election Commission, Kamadenu Supermarket Building, No.273, Scheme Road, Subburayan Nagar, Teynampet, Chennai - 600 018.

2. The Deputy Registrar of Co-operative Societies, Sankarampalayam, Vellore -1.

+1cc to Mr.S.Ravi, Advocate, S.R.No.81715 +1cc to Mr.L.P.Shanmugasundaram, Advocate, S.R.No.82439 +1cc to the Government Pleader, S.R.No.82650 W.P.No.29977 of 2018 NM(CO) KAK(31/01/2019)