Shanmugapandi.P v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.06.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI P.Shanmugapandi ... Petitioner Vs.

1.The Commissioner, Election Commission for Tamil Nadu Co-Operative Society, No.273, Anna Salai, Thenampet, Chennai.

2.The Registrar, Tamil Nadu Co-operative Society, 170, E.V.R.Periyar High Road, Keelpakkam, Chennai-600 010.

3.The District Election Officer/ Deputy Registrar of Co-operative Society, (Addl. i/c), Maharaja Nagar, Tirunelveli-627 011.

4.The Deputy Registrar of Co-operative Society/ Addl.i/c Arbitrator, TS36, Panchayat Union Staff and Primary Health Care Staff 5.The Election Officer, TS36, Panchayat Union Staff and Primary Health Care Staff Co-Operative Credit Society, 1/4

6.The Secretary, No.15/8, Kasim Colony, Vannarapettai, Tirunelveli-627 003.

7.Mariya Delsia Mathi 8.Shanthi 9.Senthamarai Selvi 10.Jothivel 11.Kovilraj 12.Manickasingh 13.Pasupathi 14.Prabhakaran 15.Syed Ibrabim 16.Shanmugasundaram 17.Vijayarajan ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus calling for the records and to quash the impugned order, dated 09.11.2020 passed by the fourth respondent in the Election petition No.206 of 2019-2020 and consequently declare the election of respondents 7 to 17, dated 02.04.2018 and 07.04.2018 for the post President and Executive Members for the TT 71 Tirunelveli Thoothukudi Government Teachers and Education Department, Cooperative Credit Society and to declare the elected President and Executive Members for the TT 71 Tirunelveli Thoothukudi Government Teachers and Education Department, Cooperative Credit Society as null and void. For Petitioner : Mr.R.J.Karthick For Respondents : Mr.Veerakathiravan Senior Counsel for Government for Mr.P.Thilak Kumar Standing Counsel for Government for R.1 to R.6

ORDER

[Order of the Court was made by T.S.SIVAGNANAM, J.] We have heard Mr.R.J.Karthick, learned counsel appearing for the petitioner and Mr.Veera Kathiravan, learned Senior Counsel for 2/4

Government representing Mr.P.Thilak Kumar, learned Standing Counsel for the Government, who accepts notice on behalf of the respondents 1 to 6.

2.This Writ Petition has been filed challenging an order passed by the fourth respondent, dated 09.11.2020 in exercise of his powers under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983 (the Act).

3.As against the impugned order, the petitioner has an effective alternative remedy by way of an appeal in terms of Section 152 of the Act. We find that there is no justifiable reason to byepass the appellate remedy which is not only efficacious, but effective as well. Therefore, we are not inclined to entertain the Writ Petition and accordingly, we grant liberty to the petitioner to file an appeal against the impugned order under Section 152 of the Act. If such an appeal is filed before the Appellate Authority within a period of 60 days from the date of receipt of a copy of this order, the appeal shall be entertained without rejecting the same on the ground of limitation.

4.With the above direction, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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 Commissioner, Election Commission for Tamil Nadu Co-Operative Society, No.273, Anna Salai, Thenampet, Chennai.

2.The Registrar, Tamil Nadu Co-operative Society, 170, E.V.R.Periyar High Road, Keelpakkam, Chennai-600 010.

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3.The District Election Officer/ Deputy Registrar of Co-operative Society, (Addl. i/c), Maharaja Nagar, Tirunelveli-627 011.

4.The Deputy Registrar of Co-operative Society/ Addl.i/c Arbitrator, TS36, Panchayat Union Staff and Primary Health Care Staff 5.The Election Officer, TS36, Panchayat Union Staff and Primary Health Care Staff Co-Operative Credit Society, 6.The Secretary, No.15/8, Kasim Colony, Vannarapettai, Tirunelveli-627 003.

+1 CC to M/s.GP ( SR-18649[F] dated 02/06/2021 ) ORDER MADE IN DATED 01.06.2021 AS(11.06.2021)3P 8C 4/4