Rathinavel, v. The Election Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.18625 of 2018 and WMP(MD)No.16491 of 2018 1.Rathinavel 2.Sudhakar ... Petitioners vs.
1.The Election Commissioner, Tamil Nadu State Cooperative Societies, Election Commission, Chennai - 18.
2.The Joint Registrar, Tirunelveli District Cooperative Societies, Tirunelveli, Tirunelveli District.
3.The Deputy Registrar/District Election Commissioner, Societies Registrar, Tenkasi, Tirunelveli District.
4.Saroja W/o.Late Sudalai Secretary, TN Spl.125-Viswanathaperi Primary Agricultural Cooperative Credit Society, Viswanathaperi Post, Sivagiri Taluk, Tirunelveli District.
5.Deiva Sundari Election Officer, TN Spl.125-Viswanathaperi Primary Agricultural Cooperative Credit Society, Viswanathaperi Post, Sivagiri Taluk, Tirunelveli District.
... Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to conduct the enquiry and re-election in TN.SPl.125 Viswanathaperi
Primary Agricultural Co-operative Credit Society, Viswanathaperi, Tirunelveli District taking criminal action against the respondents 4 and 5 on the basis of the petitioner's representation dated 16/08/2018 within a time frame stipulated by this Hon'ble Court. For Petitioners : Mr.S.Sadeskumar For Respondents : Mr.K.Chellapandian Additional Advocate General assisted by Mr.A.K.Bhaskarapandian Special Government Pleader
O R D E R
[Order of the Court was made by T.RAJA, J.] Mr.Rathinavel S/o.Gurusamy Thevar and Mr.Sudhakar S/o.Krishnasamy Naidu have jointly filed this writ petition seeking writ of mandamus directing the respondents 1 to 3 to conduct enquiry and re-election in TN.SPl.125, Viswanathaperi Primary Agricultural Co-operative Credit Society, Viswanathaperi, Tirunelveli District and take criminal action against the respondents 4 and 5 on the basis of the petitioner's representation dated 16.08.2018.
2.When the matter was taken up for hearing, the learned Additional Advocate General appearing for the respondents submitted that the issue raised in the present writ petition is covered by the common order passed by the Hon'ble First Bench of this Court in a batch of writ petitions in W.P.Nos.7526, 7641, 9784 and 10211 of 2018 etc., in which, W.P.Nos.9784 and 10211 of 2018 have been filed against the very same cooperative society. Further, by the common order dated 03.08.2018, the Hon'ble First Bench has appointed Mr.Justice R.S.Ramanathan as Chairperson of the Committee for South Zone, in which, the society in question is situate. 3.In view of the above submission, this writ petition has become infructuous and the same is dismissed accordingly. No costs. Consequently, WMP(MD)No.16491 of 2018 is closed. Sd/ Assistant Registrar(CS-III) /True copy/ Sub Assistant Registrar(CS-II) To:
1.The Election Commissioner, Tamil Nadu State Cooperative Societies, Election Commission, Chennai - 18.
2.The Joint Registrar, Tirunelveli District Cooperative Societies, Tirunelveli, Tirunelveli District.
3.The Deputy Registrar/District Election Commissioner, Societies Registrar, Tenkasi, Tirunelveli District.
+1cc to Mr.S.Sadeskumar, Advocate, SR.No. 80571 +1cc to M/s.Special Government Pleader,SR.No. 80610 W.P.(MD) No.18625 of 2018 27.08.2018 MJ KK/RP/SAR-2/19.09.2018/3P-6C