Stella.N v. The State Election Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.05.2021
CORAM:
THE HONOURABLE MS.JUSTICE V.M.VELUMANI and THE HONOURABLE MRS.JUSTICE R.THARANI N.Stella : Petitioner .vs.
1. The State Election Commissioner, The Tamil Nadu Co-operative Societies, Election Commission, Chennai-18.
2. The Commissioner for Milk Production and Dairy Development Department, Madavaram Milk Colony, Chennai.
3. The District Election Officer-Cum-The Deputy Registrar, Milk Production and Dairy Development Department, Tuticorin-20.
4. TUT 34, Tuticorin District Co-operative Milk Producers Union, Represented by its General Manager, Tuticorin District.
: Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to start the election process for the fourth respondent Union for filling up of 17 vacant Board of Directors Post from the stage of nomination, immediately after relaxing the lockdown imposed by the State Government by considering the petitioner's representation, dated 17.05.2021. For Petitioner :Mr.V.Nirmal Kumar For R1 & R2 :Mr.R.Baskaran Standing Counsel For R3 & R4 : Mr.Mareeswaran 1/3
O R D E R
********* [Order of the Court was made by V.M.VELUMANI, J.] The present Writ Petition is filed for a direction to the respondents to start the Election process for the fourth respondent Union for filling up of 17 vacant Board of Directors Post from the stage of nomination, immediately after relaxing the lock down imposed by the State Government, by considering the petitioner's representation, dated 17.05.2021.
2. Mr.R.Baskaran, learned Standing Counsel appearing for the respondents 1 & 2, on instructions, submitted that the Election Notification was issued on 04.05.2021 to conduct Election and subsequently, it was postponed due to present COVID-19 Pandemic and after lock down restrictions are lifted by the Government, the Election process will be continued as per the earlier Notification and Election will be conducted. The submission of learned counsel for the respondents 1 & 2 is recorded.
3.Learned counsel for the respondents 1 & 2 submitted that due to Pandemic situation Election was postponed. Now complete lock down has been imposed by the Government. As and when the lock down is lifted or relaxed, the respondents will proceed with Election by fixing date.
4. Recording the above said submission of learned counsel for the respondents 1 & 2, the respondents 1 & 2 are directed to conduct the Election after lifting or relaxation of lock down at the earliest. With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar/ Vacation Officer () // True Copy // / /2021 Sub Assistant Registrar(CS) am 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.
2/3
To
1. The State Election Commissioner, The Tamil Nadu Co-operative Societies, Election Commission, Chennai-18.
2. The Commissioner for Milk Production and Dairy Development Department, Madavaram Milk Colony, Chennai.
3. The District Election Officer-Cum-The Deputy Registrar, Milk Production and Dairy Development Department, Tuticorin-20.
4. TUT 34, Tuticorin District Co-operative Milk Producers Union, Represented by its General Manager, Tuticorin District.
+1 CC to M/s.SPL GP ( SR-18615[F] dated 27/05/2021 ) ORDER MADE IN 26.05.2021 VB(03/06/2021) 3P / 6C 3/3