Nagarajan.M v. The Election Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.03.2021
CORAM:
THE HON'BLE MR.SANJIB BANERJEE, THE CHIEF JUSTICE and THE HON'BLE MRS.JUSTICE R.HEMALATHA Nagarajan ... Petitioner -vs1. The Election Commissioner, Tamil Nadu State Co-operative Societies, Election Commissionerate, No.273, Anna Salai, Teynampet, Chennai - 600 018.
2. The Commissioner of Milk Production and Dairy Development, Mathavaram Milk Colony, Chennai - 600 051.
3. The Deputy Registrar of Co-operative Society (Dairying), Office of the Deputy Registrar of Co-operative Society, Mudivaithanenthal, Tirunelveli Road, Tuticorin District.
4. TUT 34 Tuticorin Districty Co-operative Milk Producers Union, represented by its Chairman, Balavinayagar Temple Street, Opp. Municipal Office, Tuticorin District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents 1 and 2 to conduct the election to TUT 34 Tuticorin District Milk Producer Co-operative Union within the stipulated time as fixed by this Court.
For Petitioner :
Mr.C.Mayilvahana Rajendran For Respondents :
Mr.G.Rajendran Standing Counsel for R.1 Mr.P.Mahendran Additional Government Pleader for R.3 1/3
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE] The matter pertains to the elections to the fourth respondent body.
2.It is submitted by the first respondent, who is the Election Commissioner of the State Co-operative Societies, that an appropriate request or order has to emanate from the second respondent so that the election can be conducted. 3.There is no doubt that the election in the fourth respondent body should be conducted as expeditiously as possible. However, considering that the Assembly elections are on the anvil, the election to the fourth respondent body should be completed between April 06 and May 31, 2021 by the first and second respondents taking appropriate steps in such regard. 4.W.P.(MD)No.4471 of 2021 is disposed of by directing the second respondent to take immediate appropriate measures to make it possible for the election to the fourth respondent body to be conducted as directed. Upon the appropriate notification being issued by the second respondent, the first respondent should take necessary steps to conduct the election within the time frame indicated.
5.There will be no order as to costs.
Sd/- Assistant Registrar (Crl) // True Copy // / /2021 Sub Assistant Registrar(CS-) Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To:
1. The Election Commissioner, Tamil Nadu State Co-operative Societies, Election Commissionerate, No.273, Anna Salai, Teynampet, Chennai - 600 018.
2/3
2. The Commissioner of Milk Production and Dairy Development, Mathavaram Milk Colony, Chennai - 600 051.
3. The Deputy Registrar of Co-operative Society (Dairying), Office of the Deputy Registrar of Co-operative Society, Mudivaithanenthal, Tirunelveli Road, Tuticorin District.
+1 CC to SPECIAL GOVERNMENT PLEADER (SR-9204[F] dated 05/03/2021 ) +1 CC to Mr.C.MAYIL VAHANA RAJENDRAN, Advocate (SR-8725[F] dated 04/03/2021) +1 CC to Mr.G.RAJENDRAN, Advocate ( SR-9390[F] dated 08/03/2021 ) SMN2/GK TE : 12/03/2021 : 3P/7C 04.03.2021 3/3