M.Arujunan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.18041 of 2018 and WMP(MD)No.15928 of 2018 M.Arjunan ... Petitioner vs.

1. The Commissioner, Election Commission for Tamil Nadu Co-operative society, No.273, Anna Salai, Tenampet, Chennai.

2. The District Election Officer/ Assistant Director of Fisheries, Lakshmipuram 2nd street, Pudukottai.

3. The Election Officer/Inspector of Fisheries, T-1456, Fisherman Co-operative Society, Vadakkamapattinam, Manamelkudi Taluk, Pudukottai District.

... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration declaring that election conducted in respect of the T-1456, Fisherman Co-operative Society Vadakkampattinam, Manamelkudi Taluk, Pudukottai District pursuant to the proceedings of the 1st respondent in Na.Ka.No.32/2018/Koo.The.1 dated 21.04.2018 as null and void.

For Petitioner : Mr.T.Leninkumar For R1 : Mr.U.Karunakaran For R2 & R3 : Mr.K.Chellapandian Additional Advocate General assisted by Mr.A.K.Baskarapandian Additional Government Pleader

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] The issue raised in this petition is already covered by the Division Bench of the Principal Seat of this Court in W.P.No.7526 of 2018, etc., batch., dated 03.08.2018, wherein it has been held that the respective Hon'ble Committee will look into the pending objections on that date.

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2.The learned counsel appearing for the petitioner would submit that objections have been raised in the month of May, 2018 itself. However, thereafter, they selected the President. 3.If the said submission is true, the selection will certainly be subject to the decision of the Hon'ble Committee, before whom objections are stated to be pending. 4.In such view of the matter, the selected candidates will not have any vested right, as the selection is controversial to the order passed by the Division Bench (referred supra). 5.In view of the above observation, this writ petition is disposed of giving liberty to the petitioner to pursue the pending objections before the Hon'ble Committee. No costs. Consequently, WMP (MD)No.15928 of 2018 is closed.

Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar(CS-IV) To

1. The District Election Officer/ Assistant Director of Fisheries, Lakshmipuram 2nd street, Pudukottai.

2. The Election Officer/Inspector of Fisheries, T-1456, Fisherman Co-operative Society, Vadakkamapattinam, Manamelkudi Taluk, Pudukottai District.

+1CC to Mr.U.Karunakaran, Advocate, SR.No.78974 +1CC to Mr.T.Leninkumar, Advocate, SR.No. 78891 W.P.(MD) No.18041 of 2018 16.08.2018 MJ ES/SKN/RSK/SAR 4/20.08.2018/2P/5C https://hcservices.ecourts.gov.in/hcservices/