I.Ayyanar, S/O.Irulappan, v. The State Of Tamilnadu,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.09.2018 CORAM :
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P(MD)No.18922 of 2018 and W.M.P(MD)Nos.16761 and 16762 of 2018 I.Ayyanar ... Petitioner vs.
1.
The State of Tamil Nadu, Represented by its Secretary to Government Department of Food and Cooperative Societies, Chennai - 600 005.
2.
The Election Commissioner of Tamil Nadu State Cooperative Societies, Tamil Nadu State Cooperative Societies Election Commission, 273 Anna Salai Teynampet, Chennai.
3.
The Deputy Registrar of Cooperative Societies / District Election Officer, 4.
The Cooperative Election Officer 2018 A.3083 Tamil Nadu State Transport Corporation Employees Thrift and Credit Society Ltd., 94/4B Pattukottai Kalyanasundaram Salai Bye Pass Road, 5.
A.3083 Tamil Nadu State Transport Corporation Employees Thrift and Credit Society Ltd., 94/4B Pattukottai Kalyanasundaram Salai Bye Pass Road, Madurai.
6.
The Commissioner of Police, Madurai City, 7.
The Assistant Commissioner of Police, Law and Order, Thilagar Thidal Range, Madurai City.
8.
The Superintendent of Police, Madurai Rural District, 9.
The Superintendent of Police, Virudhunagar District, Virudhunagar.
... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order of the 4th respondent dated 27.08.2018, quash the same insofar as cancelling the entire election process of the 5th respondent society and consequently direct the respondents to continue the election process from the stage of scrutiny of nominations and conduct the election on 01.09.2018 or any other immediate subsequent date with sufficient police protection if any required.
For Petitioner : Mr.B.Saravanan for Mr.A.Rahul For Respondents : Mr.A.K.Baskarapandian Special Government Pleader
O R D E R
(Order of the Court was made by M.M.SUNDRESH, J.) The limited prayer of the petitioner is that to conduct the fresh election, as no fresh election has been conducted, after countermanding the earlier two.
2. The learned Special Government Pleader submitted that the report has already been sent to the respondent No.2, who is the competent authority to take a call.
3. Considering the above, we direct the respondent No.2 to fix the date for the fresh election as conducted in a democratic manner, though such a decision has already been taken, but deferred due to the prevailing circumstances. After the date is fixed, appropriate action will have to be taken to have the assistance of police, since earlier elections were cancelled on the ground of law and order.
4. The writ petition is disposed of with the above direction. No costs. Consequently connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar (CS-I)
To 1.
The Secretary to Government State of Tamil Nadu, Department of Food and Cooperative Societies, Chennai - 600 005.
2.
The Election Commissioner of Tamil Nadu State Cooperative Societies, Tamil Nadu State Cooperative Societies Election Commission, 273 Anna Salai,Teynampet, Chennai.
3.
The Deputy Registrar of Cooperative Societies / District Election Officer, 4.
The Cooperative Election Officer 2018 A.3083 Tamil Nadu State Transport Corporation Employees Thrift and Credit Society Ltd., 94/4B Pattukottai Kalyanasundaram Salai Bye Pass Road, Madurai.
5.
A.3083 Tamil Nadu State Transport Corporation Employees Thrift and Credit Society Ltd., 94/4B Pattukottai Kalyanasundaram Salai Bye Pass Road, Madurai.
6.
The Commissioner of Police, Madurai City, 7.
The Assistant Commissioner of Police, Law and Order,Thilagar Thidal Range, Madurai City.
8.
The Superintendent of Police, Madurai Rural District,Madurai.
9.
The Superintendent of Police, Virudhunagar District,Virudhunagar.
+1CC TO MR.A.RAHUL, ADVOCATE IN SR.No.81895.
+1CC TO SPECIAL GOVERNMENT PLEADER IN SR.No.82193. RR DS SV SAR-1:06.09.2018: 3P/12C W.P(MD)No.18922 of 2018 and W.M.P(MD)Nos.16761 and 16762 of 2018 03.09.2018