M.Irulan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE: 28.03.2018 CORAM :

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.(MD)No.7032 of 2018 and W.M.P.(MD)No.6739 of 2018 M.Irulan ... Petitioner Vs.

1.The Commissioner, Tamil Nadu State Co-operative Societies Election Commission, Chennai-18.

2.The Registrar of Co-Operative Societies, O/o The Registrar of Co-Operative Societies, Kilpauk, Chennai.

3.The Joint Registrar of Co-Operative Societies, Ramanathapuram, 4.Deputy Registrar of Co-Operative Societies, Ramanathapuram, 5.The Returning Officer, Paramakudi Taluk, Ramanathapuram District.

6.The Secretary, Paramakudi Taluk,

...Respondents

Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to direct the respondents that not to conduct election to the 6th respondent's society, until rectifying the mistakes made in the eligible voters' list of the 6th respondent's society and consequently to direct the respondents to conduct the election to the 6th respondent's society in fair and proper manner.

For Petitioner : Mr.M.S.Jeyakarthik For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader

ORDER

According to the Petitioner, he is the member of the sixth respondent co-operative society. Now the election has been announced for the above said society and while publishing draft voters list, some dead persons names has been included and also double entry of a name was also there in the draft voters list. Hence, the petitioner filed a representation dated 27.03.2018 to the respondents to rectify the mistakes in the draft voters list. But the respondents, without considering the same, are proceeding with the election process without rectifying the mistakes in the voters list. Hence, the petitioner has filed the present writ petition. 2.In the above circumstances, since the petitioner's representation is dated 27.03.2018 and it is pending till date, without going into the merits of the case, the sixth respondent is directed to consider the petitioner's representation, dated 27.03.2018, conduct enquiry after issuing notice to the petitioner and pass orders on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

4.With the above direction, this Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar To 1.The Commissioner, Tamil Nadu State Co-operative Societies Election Commission, Chennai-18.

2.The Registrar of Co-Operative Societies, O/o The Registrar of Co-Operative Societies, Kilpauk, Chennai.

3.The Joint Registrar of Co-Operative Societies, Ramanathapuram, 4.Deputy Registrar of Co-Operative Societies, Ramanathapuram, 5.The Returning Officer, Paramakudi Taluk, Ramanathapuram District.

6.The Secretary, Paramakudi Taluk, +1CC TO M/S.M.S.JEYAKARTHIK, ADVOCATE, SR NO.58838 W.P.(MD)No.7032 of 2018 28.03.2018 ta MS/SKN-RSK/SAR-1/28.03.2018/3P.8C