Vallinayagam v. The Joint Registrar Of Co-Operative Societies

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI and W.M.P(MD)Nos.15335 and 15336 of 2020 1.Vallinayagam 2.C.Lathchumanasamy 3.S.Vinayagamoorthy 4.T.Karumalai Nachiyar 5.S.Ratinam 6.S.Sikki ... Petitioners Vs.

1.The Joint Registrar of Co-Operative Societies, Virudhunagar.

2.The Deputy Registrar of Co-Operative Societies/ The District Election Officer, Srivilliputhur, Virudhunagar.

3.The Co-Operative Sub Registrar/ Election Officer, O.226, Kansapuram Primary Agricultural Co-Operative Credit Society, Kansapuram, Virudhunagar.

4.G.Kannan 5.A.Kaniammal ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of certiorarified mandamus, calling for the records relating to the impugned proceedings of the 3rd respondent, dated 11.03.2020 in annexure-11 declaring the 4th respondent as President and 5th respondent as Vice President and quash the same as illegal and consequently, direct the official respondents to conduct fresh election for the post of President and Vice President by following fair procedure and in accordance with law within the period that may be stipulated by this Court.

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For Petitioners : Mr.M.Jerin Mathew For Respondent : Mr.K.Chellapandian, Nos.1 to 3 Additional Advocate General, assisted by Mr.P.Mahendran, Additional Government Pleader

ORDER

[Order of the Court was made by N.KIRUBAKARAN, J.] The petitioners have come before this Court, challenging the impugned proceedings of the 3rd respondent, dated 11.03.2020, declaring 4th respondent as President and 5th respondent as Vice President.

2.Heard Mr.M.Jerin Mathew, learned Counsel appearing for the petitioners and Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.P.Mahendran, learned Additional Government Pleader appearing for respondents 1 to 3.

3.The issues touching upon the Election of the Co-Operative Societies is covered under Section 90 of the Tamil Nadu Co-Operative Societies Act. Therefore, without availing the alternate remedy, the petitioners have rushed to this Court.

4. In view of the above, this Writ Petition is dismissed. However, it is open the petitioners to approach the Tribunal, under Section 90 of the Tamil Nadu Co-Operative Societies Act, with a delay condonation petition explaining the reasons for not filing the appeal in time. No Costs. Consequently, connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar (RTI) // True Copy // / /2020 Sub Assistant Registrar(CS) Dsk To 1.The Joint Registrar of Co-Operative Societies, Virudhunagar.

2.The Deputy Registrar of Co-Operative Societies/ The District Election Officer, Srivilliputhur, Virudhunagar.

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3.The Co-Operative Sub Registrar/ Election Officer, O.226, Kansapuram Primary Agricultural Co-Operative Credit Society, Kansapuram, Virudhunagar.

+1 CC to SPL GP ( SR-25759[F] dated 16/12/2020 ) 15.12.2020 VB (23.12.2020) 3P 5C 3/3