Jothilakshmi, v. The State Election
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.18430 of 2018 and W.M.P.(MD)Nos.16307 and 16308 of 2018 Jothilakshmi : Petitioner Vs.
1.The State Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, Teynampet, Chennai.
2.The Deputy Registrar of Co-operative Societies -cum- District Election Officer, Office of the Registrar of Co-operative Societies, Tirunelveli.
3.The Election Officer, O.1907, Veeriruppu Primary Agricultural Co-operative Credit Society, Veeriruppu, Sankarankovil Taluk, Tirunelveli District.
: Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned eligible list of candidates for the post of Board of Directors of the third respondent Society on 18.08.2018 and quash the same and consequently, forbearing the respondents from anyway issuing notification for the election to the post of President and Vice President of the third respondent Society to be held on 24.08.2018 without following the procedure prescribed in Tamil Nadu Cooperative Societies Act and the guidelines issued by the first respondent and this Court.
For Petitioner : Mr.G.Thalaimutharasu For Respondents : Mr.A.K.Baskarapandian, Special Government Pleader
ORDER
[Order of the Court was made by M.M.SUNDRESH, J.] Challenging the impugned eligible list dated 18.08.2018 with a consequential prayer to forbear the respondents from proceeding further, the present Writ Petition has been filed. https://hcservices.ecourts.gov.in/hcservices/
2. This is the second Writ Petition filed by the petitioner. The earlier Writ Petition was already closed. The grievance of the petitioner is with respect to re-election. This was done not by the second and third respondents, but by the first respondent. Admittedly, the first respondent is the authority who has got the power to do so. If the petitioner has got any grievance against the manner in which the election was conducted, her remedy lies elsewhere. Hence, the Writ Petition stands dismissed giving liberty to the petitioner to work out her remedy by invoking Section 90 of the Tamil Nadu Co-operative Societies Act, 1983. No costs. Consequently, the connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar(CS-II) To 1.The State Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, Teynampet, Chennai.
2.The Deputy Registrar of Co-operative Societies -cum- District Election Officer, Office of the Registrar of Co-operative Societies, Tirunelveli.
3.The Election Officer, O.1907, Veeriruppu Primary Agricultural Co-operative Credit Society, Veeriruppu, Sankarankovil Taluk, Tirunelveli District.
+1CC to Mr.G.Thalaimutharasu, Advocate, SR.No.80117 +1CC to the Special Government Pleader SR.No.80007 Order made in W.P.[MD].No.18430 of 2018 and W.M.P.(MD)Nos.16307 and 16308 of 2018 Dated: 23.08.2018 https://hcservices.ecourts.gov.in/hcservices/ SML ES/RP/SAR 2/25.09.2018/2P/6C