Balasubramani v. The Co Operative Election
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.04.2018
CORAM
THE HONOURABLE MR.JUSTICE M.S.RAMESH W.P.(MD)No.7581 of 2018 Balasubramani : Petitioner Vs.
1. The Co-operative Election Commissioner, Tamil Nadu State Co-operative Societies Election Commission, 273, Kamadhenu Super Market 1st Floor, Anna Salai, Chennai - 18.
2. The District Election Officer / The Deputy Registrar of Co-operative Societies, Dindigul District, Dindigul.
3. The Election Officer, A-2962 Sivagnanapuram Primary Agriculture Co-operative Credit Society, Sivagnanapuram, Kullichettipatti Post, Nilakottai Taluk, Dindigul 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 conduct the election on 07.04.2018, to the A-2962 Sivagnanapuram Primary Agriculture Co-operative Credit Society as per election notification of the second respondent dated 19.03.2018 and as per the valid contesting candidates list published by the third respondent on 02.04.2018 on the basis of the petitioner representation dated 03.04.2018. For Petitioner : Mr.T.Vadivelan For Respondents : 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 Writ of Mandamus, directing the respondents to conduct the election on 07.04.2018, to the A-2962 Sivagnanapuram Primary Agriculture Co-
operative Credit Society as per election notification of the second respondent dated 19.03.2018 and as per the valid contesting candidates list published by the third respondent on 02.04.2018 on the basis of the petitioner representation dated 03.04.2018. 2.Mr.K.Chellapandia, learned Additional Advocate General, assisted by Mr.V.Anand, learned Government Advocate takes notice for the respondents.
3.By consent of both parties, the main writ petition itself is taken up for final disposal at the admission stage itself. 4.The limited prayer sought for in this writ petition is to consider the representation of the petitioner dated 03.04.2018, given for the purpose of conducting election on 07.04.2018, to the A-2962 Sivagnanapuram Primary Agriculture Co-operative Credit Society as per election notification of the second respondent dated 19.03.2018.
5.This Court, exercising its powers under Article 226 of the Constitution of India, may not be justified in giving any finding on the grievance put forth by the petitioner in his representation dated 03.04.2018.
6.Nevertheless, the ends of justice would be met if the respondents are directed to consider the representation on its own merits. Therefore, the second respondent is directed to consider the petitioner's representation dated 03.04.2018 on its own merits and pass appropriate orders before the election date. 7.However, it is made clear that this Court does not express any of the views with regard to the petitioner's qualification or disqualification.
8.With the above direction, this writ petition stands disposed of. However, in the circumstances of the case, there shall be no order as to costs.
Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar To
1. The Co-operative Election Commissioner, Tamil Nadu State Co-operative Societies Election Commission, 273, Kamadhenu Super Market 1st Floor, Anna Salai, Chennai - 18.
2. The District Election Officer / The Deputy Registrar of Co-operative Societies, Dindigul District, Dindigul.
3. The Election Officer, A-2962 Sivagnanapuram Primary Agriculture Co-operative Credit Society, Sivagnanapuram, Kullichettipatti Post, Nilakottai Taluk, Dindigul District.
+1. CC to Mr.T.Vadivelan, Advocate SR.No.60203 ORDER MADE IN W.P.(MD)No.7581 of 2018 06.04.2018 MR MKV-CM-VR-SAR 4/6.4.2018/3P-4C