S.Muniandi, v. The Joint Registrar,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.09.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.(MD) No.19335 of 2018 and W.M.P.(MD) Nos.17170 and 17171 of 2018 S.Muniandi ... Petitioner -vs1.The Joint Registrar, Co-operative Societies, Virudhunagar District, Virudhunagar.
2.The District Election Officer/Deputy Registrar of Cooperative, Virudhunagar, Virudhungar District.
3.The Election Officer/Co-operative Sub-Registrar, Sp.spl 37, Malli Primary Co-operative Credit Society Limited, O/o.Deputy Registrar of Co-operative Societies, Srivilliputhur, Virudhunagar District.
4.Sp.spl 37, Malli Primary Co-operative Credit Society Limited, Rep. by Special Officer, Srivilliputhur Taluk, Virudhunagar District.
5.S.Vairam 6.V.Ganeshan 7.P.Rakkappan 8.C.Chellapandi 9.G.Radhakrishnan 10.V.Santhanam 11.M.Paunthai 12.R.Balakrishnammal 13.S.Sumathi 14.E.Velaiahsamy 15.M.Thilagavathi ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified mandamus, calling for the records on the files of the 3rd respondent pertaining to the declaration of the elected directors dated 28.08.2018, declaring respondents 5 to 15 as elected office bearers of the 4th respondent society and to quash the same and consequently direct the official respondent to continue the election process from the stage of
election to 11 directors.
For Petitioner :
Mr.S.C.Herold Singh For Respondents 1 to 3 :
Mr.K.Chellapandian Additional Advocate General, Assisted by Mr. A.K.Baskara Pandian Special Government Pleader For 4th respondent :
Mr.E.Mareeskumar COMMON ORDER (Order of the Court was made by M.M.SUNDRESH, J.) This writ petition has been filed seeking to quash the proceedings of the third respondent dated 28.08.2018, declaring respondents 5 to 15 as elected office bearers of the 4th respondent society and consequently to direct the official respondent to continue the election process from the stage of election to 11 directors.
2.Heard the learned counsel appearing for the petitioner, the learned Additional Advocate General appearing for the respondents 1 to 3 and the learned counsel appearing for the fourth respondents. 3.In as much as the matter relates to factual disputes, we are of the view that the matter has to be agitated before the Registrar of Co-operative Societies, under Section 90 of the Tamil Nadu Cooperative Societies Act, 1983. 4.In such view of the matter, the Writ Petition is disposed of giving liberty to the petitioner to file appropriate application before the concerned Registrar of Co-operative Societies. As and when such application is filed, the Registrar shall consider and dispose of the same within a period of three months from the date of receipt of application from the petitioner. The petitioner is also at liberty to raise all the contentions raised before this Court and also sought for interim orders before the Registrar of Co-operative Societies. Consequently, connected Miscellaneous Petitions are closed. No costs.
Sd/ Assistant Registrar(CS-II) /True copy/ Sub Assistant Registrar(CS-III) To 1.The Joint Registrar, Co-operative Societies, Virudhunagar District, Virudhunagar.
2.The District Election Officer/Deputy Registrar of Cooperative, Virudhunagar, Virudhungar District.
3.The Election Officer/Co-operative Sub-Registrar, Sp.spl 37, Malli Primary Co-operative Credit Society Limited, O/o.Deputy Registrar of Co-operative Societies, Srivilliputhur, Virudhunagar District.
+1cc to Mr.E.Mareeskumar, Advocate, SR.No. 83020 +1cc to Mr.S.C.HEROLD SINGH, Advocate, SR.No.82975 +1cc to M/s.Special Government Pleader,SR.No. 83363 W.P.(MD) No.19335 of 2018 and W.M.P.(MD) Nos.17170 and 17171 of 2018 07.09.2018 SJ KK/SV/SAR-3/05.10.2018/3P-7C