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Madras High CourtWP(MD)/18819/2018disposed of

R.Seenivasan, S/O.Ramaiah v. The Election Commission,

2018-08-31Honourable Mr Justice M.M.Sundresh,Honourable Mr Justice N. Sathish Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.08.2018

CORAM

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD)No.18819 of 2018 and W.M.P.(MD).No.16667 of 2018 R.Seenivasan ... Petitioner Vs.

1. The Election Commission, Tamil Nadu State Co-operative Societies, represented 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.

5. Mr.Sami Durai ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the first respondent to cancel all the process of election which had been taken place for electing the Executive Committee Members of 0.1717 Chinnakovilankulam Primary Agricultural Co-operative Credit Society, Sankarankovil Taluk, Tirunelveli District and consequently, direct the first respondent to hold the election afresh by appointing a honest officer as Returning Officer for holding the same. For Petitioner : Mr.P.Saravanan For R1 to R4 : Mr.A.K.Baskara Pandian Special Government Pleader

O R D E R

[Order of the Court was made by M.M.SUNDRESH,J.] The petitioner has filed this writ petition seeking a direction to the first respondent to cancel all the process of election which https://hcservices.ecourts.gov.in/hcservices/

had been taken place for electing the Executive Committee Members of 0.1717 Chinnakovilankulam Primary Agricultural Co-operative Credit Society, Sankarankovil Taluk, Tirunelveli District and consequently, direct the first respondent to hold the election afresh by appointing a honest officer as Returning Officer.

2. The grievance of the petitioner is that contrary to the order passed by this Court in W.P.(MD).No.18269 of 2018, dated 21.08.2018, the election process was started once again from the stage of scrutiny of nomination instead of starting afresh.

3. The learned Special Government Pleader appearing for the respondents 1 to 4 fairly submitted that as per the earlier order of this Court, fresh election can be conducted.

4. The aforesaid statement has been recorded and the writ petition stands disposed of with the direction to the first respondent to conduct a fresh election. No costs. Consequently, the connected Miscellaneous Petition is closed.

Sd/ Assistant Registrar (CS-III) /True copy/ Sub Assistant Registrar (CS-IV) To

1. The Secretary, The Election Commission, Tamil Nadu State Co-operative Societies, 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.81597 +1cc to M/s.Special Government Pleader,SR.No.81765 W.P.(MD)No.18819 of 2018 31.08.2018 AKV KK/SV/SAR-4/10.09.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/