Madras High CourtWP(MD)/13460/2019disposed of

P.Jayaprakash, v. The Chairman

2019-07-02Honourable Mr Justice K. Ravichandrabaabu,Honourable Mr Justice Senthilkumar Ramamoorthy3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)NO.13460 OF 2019 and W.M.P(MD)No.10004 of 2019 P.Jayaprakash :Petitioner .vs.

1. The Chairman, Honourable Committee on Cooperative Societies, Election Cases, South Zone, Madurai.

2. The Election Officer, Tamil Nadu State Cooperative Societies, Election Commission, 273, Anna Salai, Teynampet, Chennai.

3. The Election Officer/Deputy Registrar(Milk), Manamadurai, Sivagangai District.

4. The Election Officer/Deputy Registrar(Milk), NN498, Thiruppuvanam Milk Producers Cooperative Society, Thiruppuvanam, Sivagangai District.

5. The Registrar of Cooperative Societies, NV Natarajan Maaligai, 170, Periyar EVR High Road, Kilpauk,Chennai.

: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari calling for the records pertaining to the impugned order of the third respondent dated 11.6.2019 in Na.Ka.No.321/2018/Ee and to quash

the same and consequently to forbear the respondents from proceeding further with the counting of votes and next phase of election till the Committee decided the Writ Petition in W.P(MD) No.7524 of 2018, pending on the file of the first respondent. For Petitioner : Mr.V.Meenakshisundaram for M/s.D.Nallathambi For Respondents : Mr.VR.Shanmuganathan 1,3,4 and 5 Special Govt.Pleader For Respondent-2 : Mr.G.Rajendran

O R D E R

************* [Order of the Court was made by K.RAVICHANDRABAABU.,J.] This Writ Petition is filed challenging the order, dated 11.6.2019 of the third respondent/ Election Officer to conduct the Election to NN498, Thiruppuvanam Milk Producers Cooperative society, Thiruppuvanam, Sivagangai District.

2.It is now stated that in pursuant to the impugned order, the Election Officer conducted the election and the results are also declared.

3.If the Petitioner is aggrieved, it is for the Petitioner to work out his remedy by filing a Petition under Section 90 of the Tamil Nadu Cooperative Societies Act, by challenging the election result.

4.Therefore, this Writ Petition is disposed of by granting liberty to the Petitioner to work out his remedy under Section 90 of the Cooperative Societies Act. It is also made clear that this Court is not expressing any view on the merits of the claim made in this Writ Petition. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) vsn