Manas.C v. The Chief Executive Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P.[MD]Nos.6300 and 6301 of 2021 C.Manas ... Petitioner Vs.
1.The Chief Executive Officer, Khadi and Village Industries, Kilpauk, Chennai.
2.The District Election Officer/Assistant Director, Khadi and Village Industries, Kilpauk, Chennai.
3.The Election Officer, Marthandam Bee Keepers Co-operative Society Limited, No.2050, Periavillai Veedu, Kuzhithurai Village and Post, Kanyakumari District.
4.The Marthandam Bee Keepers Co-operative Society Limited, Rep by Special Officer, No.2050, Periavillai Veedu, Kuzhithurai Village and Post, Kanyakumari District.
... Respondents P RAYER:
Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to rejection of the nomination of the petitioner by the third respondent dated 13.03.2020 and quash the same and consequently direct the third respondent to accept the nomination of the petitioner and others rejected on the same ground and to conduct fresh election to Marthandam Bee Keepers Co-operative Society Limited, No.2050, Periavillai Veedu, Kuzhithurai Village and Post, Kanyakumari District.
For Petitioner : Mr.R.Jeyaprakash for Mr.D.Selvanayagam For Respondents 1 & 2: Mr.P.Mahendran Additional Government Pleader For Respondent No.3 : Mr.R.Vijayakumar For Respondent No.4 : Mr.Raghuvaran Gopalan 1/3
O R D E R
************ [Order of the Court was made by T.S.SIVAGNANAM, J.] With the consent on either side, the Writ Petition itself is taken up for final disposal.
2.Heard Mr.R.Jeyaprakash, learned Counsel for for Mr.D.Selvanayagam, learned Counsel appearing for the petitioner, Mr.P.Mahendran, learned Additional Government Pleader appearing for the first and second respondents, Mr.R.Vijayakumar, learned Counsel appearing for the third respondent and Mr.Raghuvaran Gopalan, learned Counsel appearing for the fourth respondent. 3.The petitioner seeks for a Writ of Certiorarified Mandamus, to call for the records pertaining to rejection of the nomination of the petitioner by the third respondent dated 13.03.2020 and quash the same and consequently direct the third respondent to accept the nomination of the petitioner and others rejected on the same ground and to conduct fresh election to Marthandam Bee Keepers Co-operative Society Limited, No.2050, Periavillai Veedu, Kuzhithurai Village and Post, Kanyakumari District.
4.In the light of the fact that the matter relates to election to the post of Board of Directors in a Co-operative Society registered under the Travancore Co-operative Societies Act, it is but appropriate that the petitioner invokes the remedy available therein.
5.The learned Counsel for the third respondent submitted that the election results have been declared and the writ petition is not maintainable.
6.Accordingly, the Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) MR 2/3
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To 1.The Chief Executive Officer, Khadi and Village Industries, Kilpauk, Chennai.
2.The District Election Officer/Assistant Director, Khadi and Village Industries, Kilpauk, Chennai.
+1 CC to M/s.D.SELVANAYAGAM, Advocate ( SR-17320[F] dated 23/04/2021 ) +1 CC to M/s.RAGUVARAN GOPALAN, Advocate ( SR-17399[F] dated 26/04/2021 ) ORDER MADE IN 22.04.2021 CN(15.06.2021) 3P 5C 3/3