G.Arul David Raj, v. G.Lazer, S/O. Gurusamy,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Special Original Jurisdiction ) Tuesday, the Twenty Second day of January Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice K.K.SASIDHARAN and The Hon`ble Mr.Justice P.D.AUDIKESAVALU WMP(MD) No.14 of 2019 IN WP(MD) No.22942 of 2018 1 G.ARUL DAVID RAJ 2 P.NAGENDRAN 3 P.MASANAM 4 P.THANGARAJA 5 S.NAGAMMAL 6 P.THANGADURAI 7 C.GANESAN ... PETITIONERS/PROPOSED RESPONDENTS Vs 1.G.LAZER ...1st RESPONDENT/PETITIONER 2.THE ELECTION COMMISSIONER OF STATE CO-OPERATIVE SOCIETIES, ELECTION COMMISSION OFFICE, 273, ANNA SALAI, THENAMPETTAI, CHENNAI-600 018.

3.THE DEPUT REGISTRAR / DISTRICT ELECTION OFFICER, O/O.THE CO-OPERATIVE SOCIETIES, CHERANMAHADEVI, TIRUNELVELI DISTRICT.

4.THE ELECTION OFFICER /SPECIAL OFFICER, EE 442, KAVALKINARU PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY, KAVALKINARU, RADHAPURAM TALUK, TIRUNELVELI DISTRICT. ... RESPONDENTS/ RESPONDENTS Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to Implead the Petitioners herein as proposed Respondents 4 to 10 in the writ petition under W.P.(MD).No.22942 of 2018.

Prayer in WP(MD). 22942/ 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 of the 2nd respondents election notification in Na.Ka.No.517 / 2018 / Sa Pa dated 13/11/2018 and quash the same as it violate the provisions in Rule 52(5)(a) of Tamilnadu Co-operative Society Rules, 1988 and consequently direct the respondents to conduct the board of directors election for EE 442 Kavalkinaru Primary Agricultural Cooperative Credit Society Radhapuram Taluk, Tirunelveli District by strictly following the above rules within the period stipulated by this Hon`ble Court.

ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Mr.K.R.LAXMAN, Advocate for the petitioner and of Mr.ANANTH C.RAJESH, Advocate for R1, the court made the following order:- (Order of the Court was made by K.K.SASIDHARAN,J.) The petitioners claim that they have been elected in the election conducted by the Election Officer.

2.According to the Writ Petitioner, in spite of the interim order granted by this Court, the Election Officer proceeded to declare the results.

3.In fact, we have issued notice and thereafter, she has withdraw the order declaring the candidature. Since, the declaration in question was made during the currency of an interim order, no vested right would accrue to the petitioners to be impleaded.

4.We therefore dismiss the Miscellaneous petition. sd/- 22/01/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1.THE ELECTION COMMISSIONER OF STATE CO-OPERATIVE SOCIETIES, ELECTION COMMISSION OFFICE, 273, ANNA SALAI, THENAMPETTAI, CHENNAI-600 018. 2.THE DEPUT REGISTRAR / DISTRICT ELECTION OFFICER, O/O.THE CO-OPERATIVE SOCIETIES, CHERANMAHADEVI, TIRUNELVELI DISTRICT.

3.THE ELECTION OFFICER /SPECIAL OFFICER, EE 442, KAVALKINARU PRIMARY AGRICULTURAL CO-OPERATIVE CREDIT SOCIETY, KAVALKINARU, RADHAPURAM TALUK, TIRUNELVELI DISTRICT. ORDER IN WMP(MD) No.14 of 2019 IN WP(MD) No.22942 of 2018 Date :22/01/2019 TK/JC/SAR-4/21.03.2019/3P/4C