Sivakavi v. The State Co-Op. Election Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.03.2020
CORAM
THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE C.SARAVANAN W.M.P.(MD).Nos.4154 & 4155 of 2020 Sivakavi .. Petitioner /Vs./ 1.The State Co-operative Election Commissioner, Tamil Nadu State Co-operative Societies, Election Commission, 273, Anna Salai, Thenampettai, Chennai - 18.
2.The Joint Registrar, Co-operative Societies, Virudhunagar, Virudhunagar District.
3.The Deputy Registrar/District Election Officer, Co-operative Societies, Srivilliputtur, Virudhunagar District.
4.Kasiammal 5.Utchikaliammal 6.Subbulakshmi .. Respondents Prayer : Writ petition filed under Article 226 of the Constitution of India for issuance of writ of Certiorarified Mandamus, to call for the records pertain to the impugned notification vide Na.Ka.911/2018, Ka.Ke.(2), dated 27.02.2020 issued by the 3rd respondent and quash the same as illegal and consequently direct him to issue a fresh notification for conducting Elections for all the candidates for Primary Agriculture Co-operative Society, SP.SPL.36, Padikasuvaithanpatti, Virudhunagar District.
For Petitioner : Mr.T.Indrachithu For Respondents : Mr.G.Rajendran, standing counsel for R1 Mr.K.Challapandian, for R2 and R3 Additional Advocate General assisted by Mr.V.R.Shanmuga Nathan Special Government Pleader 1/4
O R D E R
(Order of this court was made by S.S.SUNDAR, J.) This writ petition is filed challenging the impugned notification, dated 27.02.2020 issued by the third respondent. 2.The brief facts that are necessary for the disposal of this writ petition are as follows:
Earlier, the third respondent issued a notification declaring the Election of all the Co-operative Societies across Virudhunagar District. The petitioner also contested the Election by filing his nomination paper on 31.03.2018 for SC Category. At the time of scrutiny of nominations, the petitioner's nomination was rejected and 11 candidates including 3 women and 7 under General categories were declared as elected. Several candidates including the petitioner, aggrieved by the unlawful rejection of their nominations, filed writ petitions and Honourable Division Bench of this Court constituted one man Committee by Honourable Judge (Retired), of this Court each Zone. In the case of petitioner, the Committee for South Region by order, dated 12.03.2019, held that the rejection of petitioner's nomination is illegal.
The Committee thereafter directed the Election Officer to include the name of petitioner under SC Category and one another candidate under General category and conduct the Election for electing Board of Directors for the category of Adi Drawidar and general after getting necessary instructions from the Election Commission at the earliest from the stage of scrutiny of nomination. The petitioner has infact succeeded in the writ petition. In view of the order passed by the Committee, the petitioner is also a contestant and is facing Election. It is in the said context, the petitioner has approached this Court.
3.The petitioner himself has produced before this Court, the communication received from the first respondent stating that the Election should be restarted from the scrutiny of nomination both for General and Scheduled Caste categories. Since the Election notification was issued in 2018 and the direction of first respondent was to continue the Election from the stage of scrutiny of nomination, there is no confusion with regard to scope of the present notification issued by the third respondent by the impugned order.
4.Having regard to the facts and circumstances, this Court is unable to see any bonafides in the present writ petition. As stated earlier, the petitioner has succeeded before the first respondent in establishing that his nomination was illegally and irregularly rejected. Therefore, the petitioner has been given an opportunity to 2/4
contest the Election even though the Election Officer has declared the Election in terms of Rule 52 (9) of the Tamil Nadu Co-operative Societies Rules.
5.When the Committee has specifically set aside the Election only in respect of the General and Scheduled Caste category, the Election pursuant to the notification in 2018 in respect of Women category cannot be challenged subsequently on the strength of the petitioner's objection earlier in the writ petition filed by him challenging the Election on the ground that his nomination was wrongly rejected. The petitioner stood in the Scheduled Caste category. Therefore, he is not a person aggrieved. The attempt or the aim of the petitioner appears to stall the Election on frivolous ground. The only ground urged by the petitioner in the writ petition is that the third respondent erred in declaring three women candidates earlier under Woman category without reserving one seat for woman candidate belonging to Scheduled caste community.
The Election of candidates under General category and SC category is set aside and therefore, fresh Election is going to be conducted by the impugned notice. In such circumstances, the petitioner has come forward with some reasons just to make it appears as if he is really aggrieved without cause of action being disclosed in the writ affidavit. The declaration of results in respect of candidates under Woman category in 2018 is not challenged earlier. Even as per the decision of Honourable Division Bench of this Court no such complaint can be entertained. Petitioner has not produced any rule of reservation requiring atleast one of the Woman candidate from SC Category. Therefore, this Court is of the view that the petitioner has come before this Court with malafide intention to stall the Election with ill motive.
6.Therefore, this writ petition is dismissed with cost of Rs.5,000/- payable to the Legal Services Authority, Madurai Bench of Madras High Court, Madurai within a period of two weeks from the date of receipt of a copy of this order. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (writs) // True Copy // / /2020 Sub Assistant Registrar(CS ) TM To 3/4
1.The State Co-operative Election Commissioner, Tamil Nadu State Co-operative Societies, Election Commission, 273, Anna Salai, Thenampettai, Chennai - 18.
2.The Joint Registrar, Co-operative Societies, Virudhunagar, Virudhunagar District.
3.The Deputy Registrar/District Election Officer, Co-operative Societies, Srivilliputtur, Virudhunagar District.
Copy to:
The Officer In-charge, High Court Legal Service Committee, Madurai Bench of Madras High court, Madurai +1 CC to SPL.GP ( SR-10560[F] dated 09/03/2020 ) +1 CC to Mr.G.RAJENDRAN, Advocate ( SR-10614[F] dated 09/03/2020 ) +1 CC to Mr.T.INDRACHITHU, Advocate ( SR-10726[F] dated 10/03/2020 ) 06.03.2020 MK (20.03.2020) 4P 8C 4/4