P.Manikandan v. The Joint Registrar Of Co Op.

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2018

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.7397 of 2018 P.Manikandan : Petitioner Vs.

1.The Joint Registrar of Co-operative Societies, Sivagangai Region, District Collectorate Complex, Sivagangai.

2.The Deputy Registrar (Co-operative)/District Election Officer, O/o. Deputy Registrar of Co-operative Societies, Thirupathur Road, Sivagangai.

3.The Election Officer / Polling Officer, N.N.627, K.Pethaanenthal Primary Agricultural Co-operative Credit Society, K.Pethaanenthal at Theli, Thirupavanam Taluk, Sivagangai District.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to install Video Cameras and to avail Police Protection so as to monitor the entire election process from nomination till declaration of the election result pertaining to N.N.627, K.Pethaanenthal Primary Agricultural Co-operative Credit Society, Thirupavanam Taluk, K.Pethaanenthal at Theli, Sivagangai District. For Petitioner : Mr.D.Sadiq Raja For Respondent No.1 : Mr.U.Karunakaran For Respondents 2 & 3 : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.V.Anand Government Advocate

O R D E R

The prayer sought for in this writ petition is for a directing the respondents to install Video Cameras and to avail Police Protection so as to monitor the entire election process from nomination till declaration of the election result pertaining to N.N.627, K.Pethaanenthal Primary Agricultural Co-operative Credit Society, Thirupavanam Taluk, K.Pethaanenthal at Theli, Sivagangai District.

2.Mr.U.Karunakaran, learned Counsel takes notice for the first respondent and Mr.K.Chellapandia, learned Additional Advocate General, assisted by Mr.V.Anand, learned Government Advocate takes notice for the second and third respondents.

3.By consent of both parties, the main writ petition itself is taken up for final disposal at the admission stage itself. 4.Though, the petitioner has sought for several directions, the learned Counsel appearing for the petitioner submitted that he would be satisfied if a direction is given to the respondents to conduct the election in a fair and transparent manner. 5.In view of the fact that the elections are scheduled to be held on 16.04.2018, this Court is inclined to point out that free and fair Elections are the cardinal principles of the democratic institutions and as such the respondents cannot deviate the procedures contemplated under the Tamilnadu Co-operative Societies Rules, during the course of conducting the election process. 6.In view of the above, there shall be a direction to the respondents to conduct the elections for the post of the Office bearers of the respondent Society in a fair and transparent manner as per the election schedule announced in the notification, dated 26.03.2018.

7.With the above direction, this writ petition stands disposed of. No Costs.

Sd/- Assistant Registrar(AS) /True Copy/ Sub Assistant Registrar To 1.The Joint Registrar of Co-operative Societies, Sivagangai Region, District Collectorate Complex, Sivagangai.

2.The Deputy Registrar (Co-operative)/District Election Officer, O/o. Deputy Registrar of Co-operative Societies, Thirupathur Road, Sivagangai.

3.The Election Officer / Polling Officer, N.N.627, K.Pethaanenthal Primary Agricultural Co-operative Credit Society, K.Pethaanenthal at Theli, Thirupavanam Taluk, Sivagangai District.

+1cc to M/S.D.Sadiq Raja, Advocate SR.No. 60189 ORDER MADE IN W.P.(MD)No.7397 of 2018 06.04.2018 mr JM/SV MMS/SAR 4/06.04.2018/3P/5C