T.Subramanian v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)NO.13786 OF 2019 and W.M.P(MD)Nos.10325 and 10326 of 2019 T.Subramanian :Petitioner .vs.
1. The Commissioner, Tamil Nadu Cooperative Societies Election Commission, 273, Scheme Road, Subbarayan Nagar, Teynampet, Chennai.
2. The Joint Registrar of Cooperative Societies, Pudukkottai, Pudukkottai District.
3. The Deputy Registrar of Cooperative Societies/ District Election Officer, Aranthangi Town and Taluk, Pudukkottai District.
4. The Election Officer, Y.P.603, Mathagam Primary Agricultural Cooperative Credit Society, Mathagam, Avudayarkovil Taluk, Pudukkottai District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the list of accepted nominations for the Board of Management of Y.P.603 Mathagam Primary Agricultural Co-operative Credit Society, Mathagam, Avudayarkovil Taluk, Pudukkottai District dated 15.06.2019 published by the fourth respondent and quash the same as arbitrary and illegal and consequently direct the fourth respondent to publish the fresh list of accepted nomination by including the name of the Petitioner for the election of Board of
Management of Y.P.603 Mathagam Primary Agricultural Co-operative Credit Society, Mathagam, Avudayarkovil Taluk, Pudukkottai District.
For Petitioner :Mr.K.Baalasundharam For Respondent-1 :Mr.G.Rajendran For Respondents :Mr.VR.Shanmuganathan 2 and 3 Special Govt.Pleader
O R D E R
************* [Order of the Court was made by K.RAVICHANDRABAABU.,J.] This Writ Petition is filed challenging election to the Board of Management in respect of the subject-matter society. 2.Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the first respondent and the learned Special Government Pleader appearing for the respondents 2 and 3.
3.The grievance of the Petitioner before this Court is that his nomination was erroneously rejected. Therefore, he wants to stall the election process. Admittedly, election process has already commenced and the polling is scheduled to take place on 24.06.2019. If the Petitioner is having any grievance against the rejection of his nomination, it is always open to him to challenge the very election, after declaration of the result, as contemplated under Section 90 of the Tamil Nadu Co-operative Societies Act. When such remedy is available to the Petitioner, We are not inclined to entertain the Writ Petition, at this stage. 4.Granting such liberty, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are dismissed.
Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS) vsn
To
1. The Commissioner, Tamil Nadu Cooperative Societies Election Commission, 273, Scheme Road, Subbarayan Nagar, Teynampet, Chennai.
2. The Joint Registrar of Cooperative Societies, Pudukkottai, Pudukkottai District.
3. The Deputy Registrar of Cooperative Societies/ District Election Officer, Aranthangi Town and Taluk, Pudukkottai District.
4. The Election Officer, Y.P.603, Mathagam Primary Agricultural Cooperative Credit Society, Mathagam, Avudayarkovil Taluk, Pudukkottai District.
+ 1 CC TO Mr.K.Baalasundharam, ADVOCATE IN SR No.69806 + 1 CC TO Mr.G.Rajendran, ADVOCATE IN SR No.69818 + 1 CC to The Special Government Pleader SR.No.70064 0RDER MADE IN W.P(MD)NO.13786 OF 2019 and W.M.P(MD)Nos.10325 and 10326 of 2019 19.06.2019 KS(02.07.2019) 3 P 8 C