R.Raju v. The Deputy Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.7493 of 2018 and W.M.P.(MD)Nos.7162 of 2018 R.Raju ... Petitioner vs.

1.The Deputy Registrar, Co-operative Society Department, Deputy Registrar of Co-operative Society Office, Sivagangai, Sivagangai District.

2.The Joint Registrar of Co-operative Societies, Sivagangai, Sivagangai Taluk & District.

3.The Superintendent of Police, Sivagangai District, Sivagangai.

4.The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.

... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India for the issuance of a Writ of Mandamus, directing the first respondent to conduct free and fair election by issuing nomination papers to all the aspiring candidates, to receive nomination papers from them all without discrimination, to conduct physical election all to be videographed to the said Society and then to announce election result and issue direction to the third and fourth respondents to give police protection to ensure free and fair election.

For Petitioner : Mr.P.Senthoorapandian For Respondents : Mr.K.Chella Pandian Additional Advocate General assisted by Mr.N.Shanmuga Selvan Additional Government Pleader

ORDER

The limited prayer sought for in this writ petition is for a direction to the respondents to conduct Election to the Iddaikattur Primary Agriculture Credit Society in a fair and transparent manner.

2. Mr.K.Chella Pandian, learned Additional Advocate General takes notice for the respondents.

3. Though the petitioner has made various allegations against the respondents in the affidavit, I do not find any evidence to prove such allegations.

4. In view of the fact that the elections are scheduled to be held on 16.04.2018 and that the petitioner herein has approached this Court at the last moment, without giving sufficient time for the respondents to get necessary instructions, 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.

5. In view of the above, there shall be a direction to the respondents 1 & 2 to conduct the elections for the post of the Executive Committee Member of the Iddaikattur Primary Agriculture Credit Society in a fair and transparent manner as per the election schedule announced in the notification, dated 05.03.2018.

6. With the above direction, this writ petition stands disposed of. No Costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To 1.The Deputy Registrar, Co-operative Society Department, Deputy Registrar of Co-operative Society Office, Sivagangai, Sivagangai District.

2.The Joint Registrar of Co-operative Societies, Sivagangai, Sivagangai Taluk & District.

3.The Superintendent of Police, Sivagangai District, Sivagangai.

4.The Inspector of Police, Manamadurai Police Station, Manamadurai, Sivagangai District.

W.P.(MD)No.7493 of 2018 06.04.2018 PJL MKV-CM-VR-SAR 4/6.4.2018/3P-5C