Salaisundaram v. The Principal Secretary To
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.17978 of 2018 W.M.P.(MD) Nos.15857 and 15858 of 2018 Salaisundaram : Petitioner Vs.
1. The Principal Secretary to the Government Co-operation, Food and Consumer Protection Department, Chennai 600 009.
2. The Election Commission, Tamilnadu State Co-operative Societies, Rep. by its Secretary, No.273, Kamadenu Super Market, 1st Floor, Annasalai, Chennai - 600 018.
3. The Registrar of Co-operative Societies, Chepet, Chennai 600 010.
4. The Joint Registrar, Co-operative Societies, Trichy.
5. The Election Officer, R-766 Kattoor Primary Agricultural Co-operative Credit Society, Kattoor, Trichy District.
6.Sobhana 7.Manimaran : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Declaration declaring the election of the 6th and 7th respondents as President and Vice President of R-766 Kattoor Primary Agricultural Co-operative Credit Society, Kattoor, Trichy District conducted by the fifth respondent on 11.08.2018 as null, void, unconstitutional and illegal and consequently directing the respondents 1 to 4 to conduct free and transparent elections of the R 766 Kattoor Primary Agricultural Co-operative Credit Society.
For petitioner : Mr.N.Mariappan For respondents 1to5 : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.A.K.Baskarapandian Special Government Pleader
O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.] What is sought for in this Writ Petition is to declare the election of the 6th and 7th respondents as President and Vice President of R-766 Kattoor Primary Agricultural Co-operative Credit Society, Kattoor, Trichy District conducted by the fifth respondent on 11.08.2018 as null, void, unconstitutional and illegal.
2. As already held by the Division Bench of the Principal Seat of this Court in W.P.No.7526 of 2018, etc., batch., dated 03.08.2018, the remedy open to the petitioner is to approach the Registrar of Co-operative Societies, under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983.
3. In such view of the matter, we are not inclined to entertain the Writ Petition and accordingly, the Writ Petition is dismissed. However, liberty is given to the petitioner to exhaust the remedy, as indicated above. No costs. Consequently, connected W.M.P.(MD) Nos. 15857 and 15858 of 2018 are closed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar(CS-IV) To
1. The Principal Secretary to the Government Co-operation, Food and Consumer Protection Department, Chennai 600 009.
2. The Secretary , The Election Commission, Tamilnadu State Co-operative Societies, No.273, Kamadenu Super Market, 1st Floor, Annasalai,Chennai - 600 018.
3. The Registrar of Co-operative Societies, Chepet, Chennai 600 010.
4. The Joint Registrar, Co-operative Societies, Trichy.
5. The Election Officer, R-766 Kattoor Primary Agricultural Co-operative Credit Society, Kattoor, Trichy District.
+1cc to Mr.N.Mariappan, Advocate SR.No.78997 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.78805 Cm MK/SKN/SAR 4/28.08.2018/3P/8C W.P.[MD].No.17978 of 2018 W.M.P.(MD) Nos.15857 and 15858 of 2018 14.08.2018