S.Senthilkumar, v. The Election Commission,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.18225 of 2018 and W.M.P.[MD].No.16133 of 2018 S.Senthilkumar : Petitioner Vs.

1.The Election Commission, Rep. by its Secretary, Tamil Nadu State Co-operative Societies, No.273, Kamadenu Super Market, 1st Floor, Anna Salai, Chennai - 18.

2.The Joint Registrar of Co-operative Societies, Theni, Theni District.

3.The Deputy Registrar of Co-operative Societies/ The District Election Officer, Periyakulam, 4.The Deputy Superintendent of Police, Periyakulam Division, 5.The Election Officer / Presiding Officer, 6.The Secretary, : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 3rd respondent to reschedule the election process of his proceedings in Na.Ka.No.58/2018/Koo. The. (1), dated 10.08.2018 and to direct the 5th respondent to strictly follow the proceedings of the 3rd respondent by considering the petitioner's representation dated 11.08.2018.

For Petitioner : Mr.M.Solaisamy For Respondents : Mr.K.Chellapandian, Additional Advocate General, Assisted by Mr.A.K.Baskarapandian, Special Government Pleader

ORDER

[Order of the Court was made by M.M.SUNDRESH, J.] Heard the learned Counsel appearing on either side.

2. The prayer, as such, sought for by the petitioner cannot be granted, in view of the subsequent election conducted on 11.08.2018. It appears that the petitioner's nomination has been rejected prior to that. Therefore, this writ petition is disposed of, giving liberty to the petitioner to invoke Section 90 of the Tamil Nadu Cooperative Societies Act, 1983. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-III) To 1.The Secretary, Election Commission, Tamil Nadu State Co-operative Societies, No.273, Kamadenu Super Market, 1st Floor, Anna Salai, Chennai - 18.

2.The Joint Registrar of Co-operative Societies, Theni, Theni District.

3.The Deputy Registrar of Co-operative Societies/ The District Election Officer, Periyakulam, 4.The Deputy Superintendent of Police, Periyakulam Division, 5.The Election Officer / Presiding Officer,

6.The Secretary, +1cc to M/S.M.Solaisamy, Advocate SR.No. 79319 +1cc to Special Government Pleader, SR.No. 79635 W.P.[MD].No.18225 of 2018 and W.M.P.[MD].No.16133 of 2018 21.08.2018 gk JM/KAK/SAR 3/07.09.2018/3P/9C