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Madras High CourtWP(MD)/5417/2019dismissed

K.M.Akbar Ali, v. The Election Commissioner,

2019-03-07Honourable Mr Justice N. Kirubakaran,Honourable Mr Justice S.S. Sundar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.03.2019

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P(MD)NO.5417 OF 2019 and W.M.P(MD)Nos.4306 and 4307 of 2019 K.M.Akbar Ali, Son of K.M.Mohamed Ibrahim, 'A'Class Member No.02740, No.40-A, Khalifa Street, :Petitioner .vs.

1.The Election Commissioner, Tamil Nadu State Cooperative Societies Election Commission, No.273, Anna Salai, Teynampet, Chennai - 600 018.

2.The Registrar, State Election Officer, Office of the Registrar of Cooperative Societies, No.170, EVR High Road, Kilpaukkam, Chennai - 600 010.

3.The Deputy Registrar cum District Election Officer, Cooperatives Sivagangai District, Kanchhirangal, Sivagangai-630 562.

4.The Managing Director cum Election Officer of the Society, R27-Ilayangudi Cooperative Urban Bank Limited, Kamarajar Road, Ilayangudi - 630 702, 5.The General Manager, R27-Ilayangudi Cooperative Urban Bank Limited, Kamarajar Road, Ilayangudi - 630 702,

6.P.A.Najumudeen(President), Son of P.M.Ariff, 'A'Class Member No.03632,, No.10A, Paramakudi Road 7.M.A.S.E.Nasar(Vice President), Son of Ebrahimsha, Pudur Branch 'A'Class Member No.15160, No.43, Sowkath Ali Street, Pudur, 8.S.Abdul Razak(Director), Son of Mohammed Sherif, 'A'Class Member No.03226, No.28, Vijayan Street, Pudur, 9.P.K.A.Mohamed Ariff(Director), Son of Abdul Majeed, 'A'Class Member No.01279, No.5A, Tharagar Street, Salaiyoor, 10.N.Balasubramanian(Director), Son of Navaneetha Kannan, 'A'Class Member No.10547, 15, Sakkarai Chettiyar Street, Salaiyoor, 11.K.A.K.Syed Khan Mohamed(Director) Son of Kamalmohaideen, 'A'Class Member No.06955, 3A, Pettani Razak Street,

12.P.Kumar(Director), Son of Pitchai, 'A'Class Member No.07444, 42, Rasoola Samuthram, 13.M.Sellammal(Director), Wife of Malairaj, 'A'Class Member No.08389, Keelayoor Colony, 14.N.Selvi(Director), Wife of Natarajan, 'A'Class Member No.04877, No.12, Nethaji Street, 15.Sabitha Begam(Director), Wife of Jawahar Hussain, Pudur Branch, 'A'Class Member No.16737, 5, Korali Street, Sodugudi, 16.Aroj Banu(Director), Wife of Mohamed Azim, 'A'Class Member No.08539, 1, Syed Hussain Lane, Salaiyoor, : 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 of the fourth respondent impugned Election Result Declaration dated 11.2.2019 of the R27, Ilayangudi Cooperative Urban Bank and to quash the same as illegal and arbitrary and consequently to direct the respondents 1 to 3 to conduct fresh election of R.27, Ilayangudi Cooperative Urban Bank, Kamarajar Road, Ilayangudi, Sivagangai District - Pin 630 702 within the time limit fixed by this Court.

For Petitioner :Mr.A.D.Ganeshamoorthi For Respondent-1 : Mr.G.Rajendiran For Respondents :Mr.K.Chellapandian, 2 to 5 Addl.Advocate General, assisted by Mr.A.K.Baskarapandian, Special Government Pleader

O R D E R

************* [Order of the Court was made by S.S.SUNDAR.,J.] This Writ Petition has been filed seeking issuance of a Writ of Certiorarified Mandamus to quash the impugned Election Result Declaration dated 11.2.2019 of the R27, Ilayangudi Cooperative Urban Bank., Ilayangudi, Sivagangai District and consequently to direct the respondents 1 to 3 to conduct fresh election for R.27, Ilayangudi Cooperative Urban Bank, Kamarajar Road, Ilayangudi, Sivagangai District - Pin 630 702.

2.The brief facts leading to the filing of the present Writ Petition are as follows:

The Petitioner participated in the election that was conducted to the society by filing nominations. It is now admitted before this Court that out of 44 nominations filed and accepted, election was conducted and 11 Board of Directors were elected. Though the election was conducted on 7.5.2018, the Petitioner raised an objection as to the validity of acceptance of nomination of two of the persons who contested in the election of Board of Directors. It is the case of the Petitioner that two of the contestants had closed their loan accounts only after the election was held on 7.5.2018. Therefore, the Petitioner raised an objection as to the validity of the election itself. It was for this reason election results were not declared. However, by the impugned proceedings, dated 11.2.2019,the fourth respondent had declared the result of the election. Challenging the same, the present Writ Petition has been filed, for the relief stated supra.

3.The learned counsel for the Petitioner submitted that a glaring irregularity though pointed out by the Petitioner, no decision was taken by the Election Officer at the relevant point of time regarding disqualification of the two members and now disqualified members have been elected and hence, the declaration of results should be set aside. It is well-settled that the dispute raised by the Petitioner involves disputed questions of facts and it will be appropriate for the third respondent to test the validity of the election. Since election dispute is raised by the Petitioner, it is open to the third respondent to consider the Petition filed by the Petitioner under Section 90 of the Tamil Nadu

Co-operative Societies Act.

4.Though a representation was submitted by the Petitioner, it is doubtful whether such representation is a petition filed under Section 90 of the Tamil Nadu Co-operative Societies Act. Hence liberty is given to the Petitioner to file a petition under Section 90 of the Tamil Nadu Cooperative Societies Act before the third respondent, who is the competent authority. On receipt of such representation/election petition filed by the Petitioner, the third respondent shall consider the same and after holding an enquiry, pass final orders on the election petition, within a period of two months from the date of receipt of the election Petition filed by the Petitioner.

5.With the above directions, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petitions are dismissed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar vsn To 1.The Election Commissioner, Tamil Nadu State Cooperative Societies Election Commission, No.273, Anna Salai, Teynampet, Chennai - 600 018.

2.The Registrar, State Election Officer, Office of the Registrar of Cooperative Societies, No.170, EVR High Road, Kilpaukkam, Chennai - 600 010.

3.The Deputy Registrar cum District Election Officer, Cooperatives Sivagangai District, Kanchhirangal, Sivagangai-630 562.

4.The Managing Director cum Election Officer of the Society, R27-Ilayangudi Cooperative Urban Bank Limited, Kamarajar Road, Ilayangudi - 630 702, 5.The General Manager, R27-Ilayangudi Cooperative Urban Bank Limited, Kamarajar Road, Ilayangudi - 630 702, 1 CC to M/s.A.D.GANESHA MOORTHI, Advocate ( SR-52199[F] dated 07/03/2019 ) +1 CC to M/s.G.RAJENDRAN, Advocate ( SR-52219[F] dated 07/03/2019 ) +1 CC to M/s.SPL GP ( SR-52595[F] dated 08/03/2019 ) 0RDER MADE IN W.P(MD)NO.5417 OF 2019 and W.M.P(MD)Nos.4306 and 4307 of 2019 07.03.2019 DS/ /SAR- (18.03.2019) 6P 9C