R.Seenivasan, S/O.Ramaiah 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.18269 of 2018 and W.M.P.[MD].No.16181 of 2018 R.Seenivasan : Petitioner Vs.
1. The Election Commission, Tamil Nadu State Co-operative Societies, Rep. by its Secretary, No.273, Kamadenu Super Market, First Floor, Anna Salai, Chennai - 600 018.
2. The Registrar of Co-operative Societies, Chetpet, Chennai - 600 010.
3. The Joint Registrar of Co-operative Societies, Tirunelveli Region, Tirunelveli.
4. The Election Officer / Returning Officer, 0.1717 Chinnakovilankulam Primary Agricultural Co-operative Credit Societies, Sankarankovil Taluk, Tirunelveli District.
: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 2nd respondent to forward the petitioner's complaint dated 04/05/2018 to the committee constituted in the light of the judgement of the Principal Bench of this Court in W.P.No. 7526 of 2018 dated 03/08/2018 in connection with the election of members to the 0.1717 Chinnakovilankulam Primary Agricultural Co-operative Credit Society, Sankarankovil Taluk, Tirunelveli District for holding an enquiry.
For Petitioner : Mr.R.Anand 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. This writ petition has been filed on the premise that the election officer has acted in a prejudicial manner and this is the reason why the further election was stopped.
3. The learned Additional Advocate General, on instructions, would submit that a fresh election would be conducted within a period of four weeks from the date of receipt of a copy of this order.
4. While recording the aforesaid submission made by the learned Additional Advocate General, in order to avoid further controversy, the first respondent is directed to conduct the election through some other election officer, other than the one who was involved on the earlier occasion.
5. With the above observation and direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.
sd/- Assistant Registrar (RTI) /True Copy/ Sub Assistant Registrar(CS-I) To
1. The Election Commission, Tamil Nadu State Co-operative Societies, Rep. by its Secretary, No.273, Kamadenu Super Market, First Floor, Anna Salai, Chennai - 600 018.
2. The Registrar of Co-operative Societies, Chetpet, Chennai - 600 010.
3. The Joint Registrar of Co-operative Societies, Tirunelveli Region, Tirunelveli.
4. The Election Officer / Returning Officer, 0.1717 Chinnakovilankulam Primary Agricultural Co-operative Credit Societies, Sankarankovil Taluk, Tirunelveli District.
+1cc to Mr.R.Anand, Advocate SR.No.79334 +1cc to SPECIAL GOVERNMENT PLEADER, SR.No.79673 Gk MK/RP/SAR 1/06.09.2018/3P/7C W.P.[MD].No.18269 of 2018 and W.M.P.[MD].No.16181 of 2018 21.08.2018