R.Nallamuthu, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2019

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU AND THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P(MD)NO.2685 OF 2019 and W.M.P(MD)No.2044 of 2019 R.Nallamuthu :Petitioner .vs.

1.The Commissioner, Tamil Nadu State Cooperative Election Commission, 273, Anna Salai, Teynampet, Chennai - 600 018.

2.The District Collector, Ramanathapuram District, Ramanathapuram.

3.The Joint Registrar of Cooperative Society, Primary Agricultural Cooperative Credit Society, Ramanathapuram, Ramanathapuram District.

4.The District Election Officer of Cooperative Society, Primary Agricultural Cooperative Credit society, Ramanathapuram, Ramanathapuram District.

5.The Election Officer, Q-1266, Pottagavayal Primary Agricultural Cooperative Credit Society, Pottagavayal, Ramanathapuram District.

6.Q-1266, Pottagavayal Primary Agricultural Cooperative Credit Society, represented through its Special Officer, Pottagavayal, Ramanathapuram District.

7.Dhanapalan R7 is suo-motu impleaded vide order of this Court dated 12.02.2019.

: Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned order dated 4.2.2019 passed by the fifth respondent pertaining to the election of the Office Bearers for the sixth respondent's Society and to quash the same on the ground that the same is arbitrary, illegal and without any legal basis and consequently to direct the respondents to fix a fresh election date by way of issuing proper election notice to all the members of the sixth respondent's Society namely Q-1266 Pottagavayal Primary Agricultural Cooperative Credit Society concerned as required under the Tamil Nadu Cooperative Societies Act. For Petitioner :No Appearance For Respondent-1 :Mr.G.Rajendran Standing Counsel For Respondents :Mr.VR.Shanmuganathan 2 to 6 Special Govt.Pleader For Respondent-7 :Mr.M.S.Jeyakarthik

O R D E R

************* [Order of the Court was made by K.RAVICHANDRABAABU.,J.] It is submitted by the learned counsel for the respondents that the prayer sought for in this Writ Petition has become infructuous, since the election to the subject-matter Society has already been conducted and results are also declared. Since the challenge made in this Writ Petition is to the election dispute and as it is stated that election was already conducted and results are also declared, nothing survives to be adjudicated further in this matter.

2.Accordingly, the Writ Petition is dismissed as infructuous, without expressing any opinion on the merits of the matter. No costs. Consequently,connected Miscellaneous Petition is dismissed. Sd/- Assistant Registrar (AS) // True Copy // Sub Assistant Registrar(CS) To 1.The Commissioner, Tamil Nadu State Cooperative Election Commission, 273, Anna Salai, Teynampet, Chennai - 600 018.

2.The District Collector, Ramanathapuram District, Ramanathapuram.

3.The Joint Registrar of Cooperative Society, Primary Agricultural Cooperative Credit Society, Ramanathapuram, Ramanathapuram District.

4.The District Election Officer of Cooperative Society, Primary Agricultural Cooperative Credit society, Ramanathapuram, Ramanathapuram District.

5.The Election Officer, Q-1266, Pottagavayal Primary Agricultural Cooperative Credit Society, Pottagavayal, Ramanathapuram District.

6.The Special Officer, Q-1266, Pottagavayal Primary Agricultural Cooperative Credit Society, Pottagavayal, Ramanathapuram District.

+1 CC to M/s.SPL GP ( SR-74758[F] dated 11/07/2019 ) +1 CC to M/s.G.RAJENDRAN, Advocate ( SR-74781[F] dated 11/07/2019 ) VSN 0RDER MADE IN W.P(MD)NO.2685 OF 2019 and W.M.P(MD)No.2044 of 2019 10.07.2019 KM/(19.07.2019) 3P 9C