Balamurugan, S/O.Sundaram, v. The Dist Election Officer,

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.19023 of 2018 and W.M.P.(MD).Nos.16861 and 16862 of 2018 Balamurugan : Petitioner Vs.

1.The District Election Officer /Deputy Registrar of Co-operative Societies, Virudhunagar District.

2.The Election Officer, SP SPL 54, Maharajapuram Primary Agricultural Co-operative Society, Srivilliputhur Taluk, Virudhunagar District.

: Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus to call for the records of the impugned election candidates list published by the second respondent dated 28.08.2018 and quash the same and consequently direct the respondents to hold fresh election to SP SPL 54, Maharajapuram Primary Agricultural Co-operative Society, Srivilliputhur Taluk, Virudhunagar District, by adhering with the provisions of the Tamil Nadu Co-operative Societies Act, 1983. For petitioner : Mr.A.Jayaramachandran For respondent No.1 : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.A.K.Baskarapandian Special Government Pleader For Respondent No.2 : Mr.Mahaboob Athiff For M/s.Ajmal Associates

O R D E R

*********** [Order of the Court was made by M.M.SUNDRESH, J.] This Writ Petition has been filed on the ground that the petitioner has not withdrawn his nomination and his name has not been shown in the select list.

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2. The learned Additional Advocate General has produced a photostat copy of the document in form No.19 to show that the

nomination of the petitioner has been withdrawn, which fact has been disputed by the learned counsel appearing for the petitioner.

3. Since it involves a disputed question of fact, we do not propose to go into the same. Therefore, the Writ Petition is disposed of giving liberty to the petitioner to approach the authorities concerned under Section 90 of the Tamil Nadu Cooperative Societies Act, 1983. No costs. Consequently, connected Miscellaneous Petitions are closed.

Sd/ Assistant Registrar (CS-II) /True copy/ Sub Assistant Registrar (CS-II) To The District Election Officer /Deputy Registrar of Co-operative Societies, Virudhunagar District.

+1cc to Mr.A.Jayaramachandran, Advocate, SR.No. 81407 +1cc to M/s.Special Government Pleader,SR.No. 81766 W.P.[MD].No.19023 of 2018 31.08.2018 NB KK/SKN/SAR-2/17.09.2018/2P-4C https://hcservices.ecourts.gov.in/hcservices/