Pandiselvi v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2020

CORAM

THE HONOURABLE MR. JUSTICE M.M. SUNDRESH AND THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Rev.Aplw(MD)No. 106 of 2019 R.Selvam ... Petitioner/Petitioner Vs.

1.The Commissioner, Tamil Nadu State Co-operative Societies Election Commission, No.273, Kamadhenu Super Market, (1st Floor) - Anna Salai, Chennai - 600 018.

2.The Election Officer, Q-886, Chathiram Puliyankulam Primary Agricultural Co-operative Credit Society, Arupukottai, Virudhunagar District.

3.Muthuramalingam Member, Q-886, Chathiram Puliyankulam Primary Agricultural Co-operative Credit Society, Arupukottai, Virudhunagar District.

4.The District Election Officer, Tamil Nadu State Co-operative Society Election, Virudhunagar.

... Respondents/Respondents PRAYER : Review filed under Order 47 Rule 2 of C.P.C. read with Section 114 of C.P.C against the order passed in W.P.(MD).No.17471 of 2018 dated 03.08.2018.

Prayer in WP(MD). 17471/ 2018 :

Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order in Na.Ka.4146 / 2018 / Koo.The.2 dated 20/06/2018 passed by the 1st Respondent and quash the same and consequently direct the Respondents 1, 2 & 4 to contiunue the process of election as per the list of eligible candidates around on 03/05/2018.

For Petitioner : Mr.T.S.Mohamed Mohideen

ORDER

(Order of the Court was made by M.M.SUNDRESH.,J) Seeking to review the order passed in W.P.(MD)No.17471 of 2018 dated 13.08.2018, the present petition has been filed.

2. The learned counsel appearing for the petitioner submitted that pursuant to the order passed by this Court, the petitioner has approached the Committee constituted. The Committee has passed an order stating that the issue sought to be raised by the petitioner cannot be adjudicated upon. Thereafter, the petitioner filed W.P. (MD)No.16497 of 2019 which was permitted to be withdrawn as the Division Bench felt that the only option available to the petitioner is to file a Review Petition.

3. The petitioner shall not go remedy less. In such view of the matter, we are inclined to restore W.P.(MD)No.16497 of 2019. Accordingly, the writ petition stands restored. Liberty is also given to the petitioner to raise all the issues in the said writ petition.

4. This Review Petition is ordered accordingly. Registry is directed to post W.P.(MD)No.16497 of 2019 before the Bench for fresh hearing. No costs.

Sd/- Assistant Registrar (co) // True Copy // / /2020 Sub Assistant Registrar(CS) Ssm To 1.The Commissioner, Tamil Nadu State Co-operative Societies Election Commission, No.273, Kamadhenu Super Market, (1st Floor) - Anna Salai, Chennai - 600 018.

2.The Election Officer, Q-886, Chathiram Puliyankulam Primary Agricultural Co-operative Credit Society, Arupukottai, Virudhunagar District.

3.Muthuramalingam,Member, Q-886, Chathiram Puliyankulam Primary Agricultural Co-operative Credit Society, Arupukottai, Virudhunagar District.

4.The District Election Officer, Tamil Nadu State Co-operative Society Election, Virudhunagar.

5. The Section Officer, Writ Section, Madurai Bench of Madras High Court, Madurai +1cc to Mr.T.S.Mohamed Mohideen, Advocate Sr.No.5367 Rev.Aplw(MD)No. 106 of 2019 07.02.2020 VB(27.02.2020) 3P 7C