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Madras High CourtWP/32794/2018dismissed

V.M.Gokul v. The State Election Commissioner

2024-11-14Honourable Mr Justice C.V. Karthikeyan6 pages

1 W.P.No.32794 of 2018

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.11.2024

CORAM

THE HON'BLE Mr. JUSTICE C.V.KARTHIKEYAN W.P.No.32794 of 2018 and WMP.Nos.38005 to 38007 of 2018

1. V.M.Gokul

2. P.T.Easwaramoorthi ... Petitioners Vs.

1. The State Election Commissioner Tamil Nadu State Co-operative Societies Election Commission, Kamadhenu Super Market Building, No.273, Scheme Road, Subbarayan Nagar, Teynampet, Chennai 600 018.

2. The Joint Registrar/District Election Observer Co-operative Societies Tiruppur Zone,

3. The District Election Officer/Deputy Registrar, Tiruppur Circle, Tiruppur District.

4. The Election Officer, No.K.184/5769, Tirupur Agricultural Producers Co-operative Sales Society

2 W.P.No.32794 of 2018

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records of order in Na.Ka.No.7868/2018/Co. The.2 dated 11.10.2018 passed by the 1st respondent and quash the same.

For Petitioner .. Mr.N.Ponraj For Respondents .. Mr.P.K.Shivakumar Standing Counsel for R1 Mr.L.P.Shanmuga Sundaram for R2 & R3 Mr.R.Balaramesh for R4

ORDER

This writ petition has been filed to issue a Writ of Certiorari to call for the records of order in Na.Ka.No.7868/2018/Co. The.2 dated 11.10.2018 passed by the 1st respondent and quash the same.

2. Heard both sides and perused the materials available on record.

3. The elections to the Board of Directors to the 4th respondent

3 W.P.No.32794 of 2018 Cooperative Society was conducted and results were declared on 09.10.2018. A declaration certificate was also issued in favour of the petitioners. Subsequently, the 1st respondent/ State Election Commissioner by order dated 11.10.2018 had cancelled the elections. It is under those circumstances that this writ petition has been filed seeking a declaration that such cancellation should be interfered with and set aside by this Court. But however it is contended by all the learned counsels that the period for which the election was conducted is already over and fresh election will have to be called for. Therefore, the issue raised no longer survives for adjudication and accordingly the writ petition stands dismissed. However, whenever elections are called for whoever is eligible including the petitioner are permitted to participated in the election. No costs. Consequently, connected miscellaneous petitions are also closed.

14.11.2024 Index:Yes/No Internet:Yes/No dpq

4 W.P.No.32794 of 2018 To

1. The State Election Commissioner Tamil Nadu State Co-operative Societies Election Commission, Kamadhenu Super Market Building, No.273, Scheme Road, Subbarayan Nagar, Teynampet, Chennai 600 018.

2. The Joint Registrar/District Election Observer Co-operative Societies Tiruppur Zone,

3. The District Election Officer/Deputy Registrar, Tiruppur Circle, Tiruppur District.

4. The Election Officer, No.K.184/5769, Tirupur Agricultural Producers Co-operative Sales Society

5 W.P.No.32794 of 2018 C.V.KARTHIKEYAN, J.

dpq W.P.No.32794 of 2018

6 W.P.No.32794 of 2018 14.11.2024