Madras High CourtWP(MD)/18421/2018ordered

Mathiyalagan, v. The Cooperative Election

2018-10-09Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2018

CORAM:

THE HONOURABLE Mr. JUSTICE M.M.SUNDRESH and THE HONOURABLE Mr. JUSTICE N.SATHISH KUMAR W.P.(MD)No.18421 of 2018 and W.M.P.(MD) No.16298 of 2018 Mathiyalagan ... Petitioner Vs.

1.The Co-operative Election Commissioner, Tamil Nadu State Co-operative Societies Election Commission, 273, Kamadhenu Super Market 1st Floor, Anna Salai, Chennai-18.

2.The District Election Officer/The Deputy Registrar of Co-operative Societies, 96 Main Road, Lalgudi, Trichy District.

3.The Electoral Officer, R-1045 Venkadajalapuram Primary Agriculture Co-operative Credit Society, Lalgudi Taluk, Trichy District.

... Respondents PRAYER: The petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declare that the election conducted by the respondents to the R.1045 Venkatachalapuram Primary Agriculture Co-operative Credit Society Ltd., is null and void on basis of the petitioner representation dated 10.04.2018 and 26.05.2018.

For Petitioner : Mr.T.Vadivelan For Respondents : Mr.A.K.Baskarapandian, Special Government Pleader.

ORDER

(Order of the Court was made by M.M.SUNDRESH,J.) The petitioner, though without filing his nomination, has filed the present Writ petition seeking for declaration to declare the election conducted on 09.04.2018 is null and void. https://hcservices.ecourts.gov.in/hcservices/

2.We are not inclined to entertain this Writ petition as the remedy is available to the petitioner under Section 90 of the Act. Accordingly, this Writ petition stands dismissed, giving liberty to the petitioner to approach the appropriate forum. No costs. Consequently, connected W.M.P.is closed.

Sd/- Assistant Registrar(W) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The Co-operative Election Commissioner, Tamil Nadu State Co-operative Societies Election Commission, 273, Kamadhenu Super Market 1st Floor, Anna Salai, Chennai-18.

2.The District Election Officer/The Deputy Registrar of Co-operative Societies, 96 Main Road, Lalgudi, Trichy District.

3.The Electoral Officer, R-1045 Venkadajalapuram Primary Agriculture Co-operative Credit Society, Lalgudi Taluk, Trichy District.

+1CC to Mr.T.Vadivelan, Advocate, SR.No.80373 +1CC to the Special Government Pleader SR.No.80335 W.P.(MD)No.18421 of 2018 24.08.2018 NBJ ÉS/RP/SAR 2/25.09.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/