T.P.J. Thulasi Ayya, v. The Eleciton Officer,
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.4750 of 2019 and W.M.P.(MD)No.3799 of 2019 T.P.J.Thulasi Ayya : Petitioner Vs.
1.The Election Officer, The Tamil Nadu State Co-operative Societies, Election Commission, No.273, Anna Salai, Teynampet, Chennai - 600 018.
2.The District Election Officer, Thanjavur, Co-operative Societies.
3.The Election Officer, T878 Thanjavur Consumer Co-operative Whole Sale Ltd.,Thanjavur.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus call for the records pertaining to the Impugned election notification of the 2nd respondent dated 20.02.2019 published in daily news-paper and quash the same and consequently direct the respondents 2 and 3 to prepare the correct voters list and proceed with the election.
For Petitioner : Mr.P.Thilakkumar For R-1 : Mr.M.S.Palanisamy assisted by Mr.G.Rajendran For R-2 & R-3 : Mr.P.H.Aravind Pandian Additional Advocate General and Mr.K.Chellapandian Additional Advocate General assisted by Mr.R.Balaramesh Special Government Pleader https://hcservices.ecourts.gov.in/hcservices/
O R D E R
************ [Order of the Court was made by K.RAVICHANDRABAABU, J.] The petitioner seeks to challenge the election notification, dated 20.02.2019 with a consequential prayer for a direction to the respondents 2 and 3 to prepare the correct voters list.
2.The grievance of the petitioner is that there are some defects in the voters list. Therefore, the petitioner seeks to challenge the very election notification itself. 3.Heard both sides.
4.This Court has taken a view consistently that once election process has commenced, it cannot interfere with the same, as the aggrieved party is entitled to question the election after the declaration of the results as provided under Section 90 of the Tamil Nadu Co-operative Societies Act. In this case, however, the learned Additional Advocate General submitted that the voters list has also been corrected and the same will be published. 5.Recording the above said submission, this writ petition is disposed of. Interim order granted, if any, stands vacated. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS) To 1.The Election Officer,The Tamil Nadu State Co-operative Societies, Election Commission, No.273, Anna Salai,Teynampet, Chennai - 600 018.
2.The District Election Officer,Thanjavur, Co-operative Societies. 3.The Election Officer, T878 Thanjavur Consumer Co-operative Whole Sale Ltd., Thanjavur.
+1cc to Mr.P.THILAKKUMAR,Advocate, SR.No.75287 +1cc to Mr.G.RAJENDRAN,Advocate, SR.No.75370 rj2 W.P.(MD)No.4750 of 2019 15.07.2019 NA (26.07.2019) 2P :6C https://hcservices.ecourts.gov.in/hcservices/