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Madras High CourtWP(MD)/18138/2018dismissed

Jothilakshmi v. The State Election

2018-08-20Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :20.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P(MD)No.18138 of 2018 and W.M.P.(MD)No.16044 of 2018 Jothilakshmi ... Petitioner Vs.

1. The State Election Commissioner, Tamilnadu Cooperative Societies Election Commission, Chennai.

2. The Deputy Registrar of Cooperative Societies -cum-District Election Officer, Office of the Registrar of Cooperative Societies, Tirunelveli.

3. The Election Officer, O.1907, Veeriruppu Primary Agricultural Cooperative Credit Society, Veeriruppu, Sankarankovil Taluk, Tirunelveli District.

... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents herein to conduct the elections for the posts of Office bearers / Members of O.1907, Veeriruppu Primary Agriculture Co-operative Credit Society, Veeriruppu, Sankarankovil Taluk, Tirunelveli District in a fair and transparent manner on 16.08.2018 by following the guidelines issued by the first respondent.

For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.K.Chellapandian, Additional Advocate General, assisted by Mr.A.K.Baskara Pandian Special Government Pleader

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] This writ petition has been filed for issuance of Writ of Mandamus directing the respondents herein to conduct the elections for the posts of Office bearers / Members of O.1907, Veeriruppu Primary Agriculture Co-operative Credit Society, Veeriruppu, Sankarankovil Taluk, Tirunelveli District in a fair and transparent manner on 16.08.2018 by following the guidelines issued by the first respondent.

2.The grievance of the petitioner appears to be with respect to the improper rejection of nomination. Learned counsel for the petitioner would submit that the petitioner did make an objection over the illegal rejection of nomination. 3.The relief sought for in this writ petition no longer survives, since the election has been conducted on 16.08.2018. 4.In view of the above, this writ petition is dismissed. However, the petitioner is given liberty to invoke the jurisdiction of the Registrar concerned under Section 90 of the Tamil Nadu Co-operative Societies Act, 1983. No costs.

Consequently, connected miscellaneous petition is closed. sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar(CS-I) To

1. The State Election Commissioner, Tamilnadu Cooperative Societies Election Commission, Chennai.

2. The Deputy Registrar of Cooperative Societies -cum-District Election Officer, Office of the Registrar of Cooperative Societies, Tirunelveli.

3. The Election Officer, O.1907, Veeriruppu Primary Agricultural Cooperative Credit Society, Veeriruppu, Sankarankovil Taluk, Tirunelveli District.

+1cc to Mr.G.Thalaimutharasu, Advocate SR.No.79292 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.79686 VS MK/RP/SAR 1/06.09.2018/3P/6C ORDER MADE IN W.P(MD)No.18138 of 2018 and W.M.P.(MD)No.16044 of 2018 20.08.2018