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Madras High CourtWP(MD)/18508/2018disposed of

Thangavel, v. The State Election Commissione

2018-08-24Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2018

CORAM:

THE HONOURABLE Mr. JUSTICE M.M.SUNDRESH and THE HONOURABLE Mr. JUSTICE N.SATHISH KUMAR W.P.(MD)No.18508 of 2018 and W.M.P.(MD) Nos.16409 and 16410 of 2018 Thangavel ... Petitioner Vs.

1. The State Election Commissioner, Office of the Tamilnadu Cooperative Societies Election Commission, Annasalai, Teynampet, Chennai.

2. The Deputy Registrar cum District Election Officer, Tamilnadu Cooperative Societies, Pudukkottai.

3. The Election Officer/ Kuliyan Vidithi MM 366 Primaries Agricultural Cooperative Credit Society, Koolaiyan Viduthi, Pudukkottai District.

... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Certioarified Mandamus, to call for the records pertaining to the impugned candidates declaration list dated 13.08.2018 published by the third respondent society in its office Notice Board and quash the same as illegal and consequently direct the respondents herein to conduct free, fair and transparent election in accordance with law.

For Petitioner : Mr.S.Vinayak For Respondents : Mr.K.Chellapandian, Additional Advocate General Assisted by Mr.A.K.Baskarapandian, Special Government Pleader.

ORDER

(Order of the Court was made by M.M.SUNDRESH,J.) https://hcservices.ecourts.gov.in/hcservices/ The grievance of the petitioner is with respect to the postponement of the election.

2.Much water has flown under the bridge and thereafter, on the decision of the Election Commission, subsequent election was conducted, in which, only 11 nominations were found to be correct. Accepted nominations were less than the number of election members and that they were accordingly declared as elected. Unfortunately, those persons are not made as a party in this Writ petition. Therefore, Writ petition is disposed of accordingly granting liberty to the petitioner to work out his remedy under Section 90 of the Act. No costs. Consequently, connected W.M.Ps.are closed.

Sd/- Assistant Registrar (AS) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The State Election Commissioner, Office of the Tamilnadu Cooperative Societies Election Commission, Annasalai, Teynampet, Chennai.

2. The Deputy Registrar cum District Election Officer, Tamilnadu Cooperative Societies, Pudukkottai.

3. The Election Officer/ Kuliyan Vidithi MM 366 Primaries Agricultural Cooperative Credit Society, Koolaiyan Viduthi, Pudukkottai District.

+1cc to SPECIAL GOVERNMENT PLEADER, SR.No.80333 Nbj MK/RP/SAR 1/07.09.2018/2P/5C W.P.(MD)No.18508 of 2018 24.08.2018 https://hcservices.ecourts.gov.in/hcservices/