R.Senthil Barathi, v. The Registrar Of Co-Operative
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.1180 of 2019 and W.M.P.(MD)Nos.2856, 988 and 989 of 2019 R.Senthil Barathi : Petitioner Vs.
1.The Registrar of Co-operative Socieites, No.170, E.V.R. Periyar High Road, Keelpauk, Chennai 10.
2.The Election Commissioner of, State Co-operative Societies, Election Commission Office, 273, Annasali, Thenampettai, Chennai 18.
3.The District Election Officer/Deputy Registrar, Co-operative Societies, Tirunelveli District, Tirunelveli.
4.The Managing Director/Joint Registrar, Tirunelveli District, Central Co-operative Bank, Vannarpettai, Tirunelveli.
5.The Joint Registrar of Co-operative Societies, Tirunelveli Region, Tirunelveli.
6.The Deputy Registrar of Co-operative Societies, Cheranmahadevi Circle, Cheranmahadevi Post, Tirunelveli District.
7.Special Officer, O.70, Pazhavoor Primary Agriculture Co-operative Credit Society, Pazhavoor - 627 121, Radhapuram Taluk, Tirunelveli District.
: Respondents PRAYER :
Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records pertaining to the election notification
dated 09/01/2019 followed by a rectified election notification dated 10/01/2019 issued by the 3rd respondent / District election officer and quash the same and consequently direct the respondents to conduct the election of board of directors of O.70 Pazhavoor Primary Agriculture Co-Operative Credit Society at pazhavoor, Radhapuram Taluk, Tirunelveli District before conducting the election for Tirunelveli District Central Co-operative Bank. For Petitioner : Mr.S.R.Anbarasu For R-2 : Mr.M.S.Palanisamy assisted by Mr.G.Rajendran For R1 & R3 to R6: Mr.K.Chellapandian Additional Advocate General assisted by Mr.R.Balaramesh Special Government Pleader
O R D E R
[Order of the Court was made by K.RAVICHANDRABAABU, J.] The petitioner seeks to challenge the election notification, dated 09.01.2019 followed by a rectified election notification dated 10.01.2019 issued by the third respondent/Election Officer. Consequently, the petitioner seeks for a direction to the respondents to conduct the election for Board of Directors to Pazhavoor Primary Agriculture Co-Operative Credit Society at pazhavoor, Radhapuram Taluk, Tirunelveli District before conducting the election to Tirunelveli District Central Co-operative Bank.
2.Heard both sides.
3.According to the petitioner, the election to the subject matter Society has to be conducted before conducting the election to the District Central Co-operative Bank, Tirunelveli District. In effect, the challenge made in this writ petition is against the election notification.
4.We have already taken a view that once the election process has commenced by issuing the election notification, the writ petition cannot be entertained, as the aggrieved party is always at liberty to work out his remedy against the process of election or the declaration of the results, by filing an application under Section 90 of the Tamil Nadu Co-operative Societies Act, after the declaration of the results, as contemplated under the said Provision itself. Therefore, granting such liberty, this writ petition is disposed of, without
expressing any view on the merits of the claim made by the petitioner. Interim order granted, if any, stands vacated. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) To 1.The Registrar of Co-operative Socieites, No.170, E.V.R. Periyar High Road, Keelpauk, Chennai 10.
2.The Election Commissioner of, State Co-operative Societies, Election Commission Office, 273, Annasali, Thenampettai, Chennai 18.
3.The District Election Officer/Deputy Registrar, Co-operative Societies, Tirunelveli District, Tirunelveli.
4.The Managing Director/Joint Registrar, Tirunelveli District, Central Co-operative Bank, Vannarpettai, Tirunelveli.
5.The Joint Registrar of Co-operative Societies, Tirunelveli Region, Tirunelveli.
6.The Deputy Registrar of Co-operative Societies, Cheranmahadevi Circle, Cheranmahadevi Post, Tirunelveli District.
7.Special Officer, O.70, Pazhavoor Primary Agriculture Co-operative Credit Society, Pazhavoor - 627 121, Radhapuram Taluk, Tirunelveli District.
+1 CC to Mr.G.RAJENDRAN, Advocate SR-75364.
+1 CC to SPL GP SR-75521.
+1 CC to Mr.S.R.ANBARASU, Advocate SR-75647.
W.P.(MD)No.1180 of 2019 15.07.2019 CS(23.07.2019) 3P 11C