P.Thillainadarajan, v. The State Election
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.08.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.18924 of 2018 and W.M.P.(MD).No.16763 of 2018 P.Thillainadarajan : Petitioner Vs.
1.The State Election Commissioner, Tamil Nadu State Co-operative Society, Election Commission, Chennai 600 018.
2.The Deputy Registrar [Election], Tamil Nadu Co-operative Societies, Periyakulam, Theni District.
3.The Election Officer, A.1844, Jakkampatti Co-operative Society, Jakkampatti, Aundipatty, Theni District.
4.Tmt.N.Avudaiyachi, W/o.S.V.Natarajan, Former President [217, Pasumpon Muthuramalinga Thevar Nesavalar Co-operative Society], South Street, 16th Ward, Jakkampatti, Aundipatty Post and Taluk, Theni District.
5.K.Jeyapal, S/o.Karuppasamy, President M.H.252, Idayakani Nesavalar Co-operative Society, Pavadi Thoopu, 16th Ward Ex-Councilor, Jakkampatti, Aundipatty Post and Taluk, Theni District.
6.M.Ganean 7.R.Kasthuri 8.S.Parvathi 9.K.Marimuthu 10.S.Chandran 11.P.Arunachalam 12.M.Chendrayan 13.T.Karuppasamy 14.M.Nagu : Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarifiled Mandamus, calling for all records relating to the election of members and office bearers of A.1844, Jakkampatti Co-operative Society, Jakkampatti, Aundipatty, https://hcservices.ecourts.gov.in/hcservices/
Theni District, declared by the third respondent in his proceedings dated 07.08.2018 and 11.08.2018 and quash the same and direct the second respondent to consider the petitioner's objections dated 09.08.2018 and 14.08.2018.
For petitioner : Mr. Joseph Thatheus Jerome For Mr.P.Sivachandran 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.] Admittedly, the election is over. Thus, we are of the view that inasmuch as the election is already over, the only way open to the petitioner is to invoke Section 90 of the Tamil Nadu Co-operative Societies Act, 1983. Therefore, we do not find any merit in this Writ Petition. Considering the facts and circumstances of the case, the petitioner is given two weeks time from the date of receipt of a copy of this order to raise dispute before the Registrar of Cooperative Societies. As and when such dispute is raised, the Registrar concerned shall consider and dispose of the same within a period of three months thereafter.
2. The Writ Petition is disposed of with the above observation. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/ Assistant Registrar (CO) /True copy/ Sub Assistant Registrar(CS-II) To 1.The State Election Commissioner, Tamil Nadu State Co-operative Society, Election Commission, Chennai 600 018.
2.The Deputy Registrar [Election], Tamil Nadu Co-operative Societies, Periyakulam, Theni District.
3.The Election Officer, A.1844, Jakkampatti Co-operative Society, Jakkampatti, Aundipatty, Theni District.
+1cc to M/s.Special Government Pleader,SR.No. 81667 W.P.[MD].No.18924 of 2018 30.08.2018 NB KK/SV/SAR-2/07.09.2018/2P-5C https://hcservices.ecourts.gov.in/hcservices/