N.Senthilkumar, S/O.Natarajan v. The Election Commissioner Of
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.18260 of 2018 and W.M.P.[MD].No.16160 of 2018 N.Senthilkumar : Petitioner Vs.
1.The Election Commissioner of State Co-operative Societies, Election Commission Office, 273, Anna Salai, Teynampet, Chennai - 600 018.
2.The Joint Registrar, Regional Office of the Co-operative Societies, Tirunelveli, Tirunelveli District.
3.The Election Officer / Special Officer, EE 442 Kavalkinaru Primary Agricultural Co-operative Credit Society, Kavalkinaru, Radhapuram Taluk, Tirunelveli District.
: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to complete the election process and declare the results for the EE 442 Kavalkinaru Primary Agricultural Co-operative Credit Society, Radhapuram Taluk, Tirunelveli District based on the orders passed by this Court in W.P.No.7526 of 2018 and batch of writ petitions by an order dated 03/08/2018.
For Petitioner : Mr.Ananth C.Rajesh 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.] The present writ petition has been filed seeking a Writ of Mandamus, directing the respondents to complete the election process, in pursuant to the nomination made on 30.04.2018, followed by the eligible candidates list dated 02.05.2018.
2. Unfortunately, this election was cancelled and thereafter, fresh election was conducted. Nineteen nominations were received in the subsequent election, of which, twelve nominations were found to be not eligible. Of the remaining seven eligible candidates, four candidates withdrew the nominations and thus, only three were elected.
3. In such a view of the matter, the prayer, as such, sought for in the present writ petition cannot be granted. However, eight Director posts are still vacant. Thus, we direct the first respondent to conduct re-election for the aforesaid eight posts of Director, within a period of four weeks from the date of receipt of a copy of this order.
4. With the above directions, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar(CS-I) To 1.The Election Commissioner of State Co-operative Societies, Election Commission Office, 273, Anna Salai, Teynampet, Chennai - 600 018.
2.The Joint Registrar, Regional Office of the Co-operative Societies, Tirunelveli, Tirunelveli District.
3.The Election Officer / Special Officer, EE 442 Kavalkinaru Primary Agricultural Co-operative Credit Society, Kavalkinaru, Radhapuram Taluk, Tirunelveli District.
+1CC TO MR.ANANTH C.RAJESH, ADVOCATE IN SR.NO.79437. +1CC TO SPECIAL GOVERNMENT PLEADER IN S.R.NO.79639. GK DS RSK SAR-1 28.09.2018 3P/6C W.P.[MD].No.18260 of 2018 and W.M.P.[MD].No.16160 of 2018 21.08.2018