R.Karuppasamy v. The Deputy Registrar Of

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.18023 of 2018 and WMP(MD)Nos.15910 and 15911 of 2018 R.Karuppasamy ... Petitioner vs.

1.The Deputy Registrar of Cooperative Societies District Election Officer, Paramakudi Circle, Paramakudi, Ramanathapuram District.

2.Q 1222, Michealpattinam Primary Agricultural Cooperative Thrift Societies, rep.by the Election Officer, Mudukulathur Taluk, Ramanathapuram District.

3.P.Devaki 4.V.Lakshmi 5.U.Sathayee 6.A.Muniasamy 7.V.Parthipan 8.T.Ramasamy 9.R.Muthuramalingam 10.K.Murugan 11.R.Irulandi 12.V.Alagar 13.V.Krishnan ... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the Impugned Order dated 11.08.2018 on the file of the respondent No.2 and quash the same as illegal and consequently direction directing the respondents to elect the Board of Directors based on the selection candidates list which is already declared by the respondent No.2 dated 24.04.2018 in respect of Q1222, Michealpattinam Primary Agricultural Cooperative Thrift Societies, Mudukulathur Taluk, Ramanathapuram District.

For Petitioner : Mr.I.Pinaygash For R1 : Mr.K.Chellapandian Additional Advocate General, assisted by Mr.A.K.Baskarapandian Special Government Pleader For R6 : Mr.Raja Karthikeyan

O R D E R

[Order of the Court was made by M.M.SUNDRESH, J.] This writ petition has been filed by the petitioner inter alia alleging that despite having been elected, further election was conducted and thereafter declared.

2.The learned Additional Advocate General appearing for the first respondent would submit that it was not factually correct to say that earlier election was over. In fact, it was cancelled on the ground that the petitioner has kidnapped the election officer. 3.We do not propose to go into the said factual controversy. Admittedly, subsequent election was held on 11.08.2018. Therefore, the only remedy open to the petitioner is to invoke Section 90 of the Tamil Nadu Co-operative Societies Act, 1983.

4.In view of the above, this writ petition is disposed of giving liberty to the petitioner to file appropriate application before the concerned Registrar of Co-operative Societies. As and when application is filed, the Registrar shall consider and dispose of the same within a period of three months from the date of receipt of application from the petitioner. No costs. Consequently, WMP(MD)Nos.15910 and 15911 of 2018 are closed. Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar(CS-II) To The Deputy Registrar of Cooperative Societies/ District Election Officer, Paramakudi Circle, Paramakudi, Ramanathapuram District.

+1cc to Mr.Raja karthikeyan, Advocate Sr.No.79202 +1cc to Mr.i.pinaygash,Advocate Sr.No.78888 +1cc to Special Government Pleader,Sr.No.79123 W.P.(MD) No.18023 of 2018 16.08.2018 MJ DS/RSK/SAR 2/03.10.2018/3P/5C