K. Ananthan v. The Deputy Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.11.2020

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN AND THE HONOURABLE MR.JUSTICE B.PUGALENDHI K.Ananthan : Petitioner Vs.

1.The Deputy Registrar, Agricultural Cooperative Societies (Aranthangi Circle), Aranthangi, Pudukkottai District.

2.The Election Officer, M.M-386, Thirumayam Primary Agricultural Cooperative Credit Society, Thirumayam, Pudukottai District.

3.The Secretary, M.M-386, Thirumayam Primary Agricultural Cooperative Credit Society, Thirumayam, Pudukottai District.

4.Saravanan 5.Selvarani 6.Devi 7.Kamatchi 8.Palani 9.Palanivel 10.Anbalagan 11.Ganesan 12.Poovan 13.Seenivasan 14.Sivakumar : Respondents 1/3

PRAYER: Writ Petition filed under Article 226 of the Constitution of India seeking a Writ of Mandamus, directing the 1st respondent to complete the proceedings in Na.Ka.No.1999/19/A3 dated 02.08.2019, within a stipulated time fixed by this Court. For Petitioner : Mr.T.Veerakumar For Respondents : Mrs.J.Padmavathi Devi Special Government Pleader for R.1 & R.2 Mr.B.Bhagawathi Government Advocate for R.3 *****

ORDER

(Order of the Court was made by N.KIRUBAKARAN, J.) The petitioner has filed this writ petition seeking a direction to the first respondent to complete the proceedings in Na.Ka.No.1999/19/A3, dated 02.08.2019.

2. The petitioner, an unsuccessful candidate who have contested in the election for the third respondent Agricultural Cooperative Society, challenged the election result before this Court in W.P. (MD)No.14643 of 2019 and the same was disposed of by this Court on 01.07.2019, with liberty to challenge the election under Section 90 of the Tamil Nadu Cooperative Societies Act.

3. Pursuant to the directions of this Court, the petitioner, on 18.07.2019, filed an election petition before the first respondent to cancel the election result of the respondents 4 to 14 and the same is pending. In order to dispose of the said election petition, the present writ petition is filed.

4. Heard Mr.T.Veerakumar, learned Counsel appearing for the petitioner;

Mrs.J.Padmavathi Devi, learned Special Government Pleader appearing for the respondents 1 & 2; and Mr.B.Bhagawathi, learned Government Advocate appearing for the third respondent. Notice to the private respondents is dispensed with, since no adverse order is going to be passed against them.

5. Considering the facts and circumstances of the case and the fact that the petitioner has filed an election petition before the first respondent as early as on 18.07.2019, this Court, without going into the merits of the case, directs the first respondent to expedite the proceedings in Na.Ka.No.1999/19/A3, dated 02.08.2019 and conclude the same, on merits and in accordance with law, as expeditiously as possible, in any event, not later than six weeks from the date of receipt of a copy of this order, after affording due opportunity of personal hearing to all the interested parties. 2/3

6. With the above direction, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2020 Sub Assistant Registrar(CS) gk NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Deputy Registrar, Agricultural Cooperative Societies (Aranthangi Circle), Aranthangi, Pudukkottai District.

2. The Election Officer, M.M-386, Thirumayam Primary Agricultural Cooperative Credit Society, Thirumayam, Pudukottai District.

3. The Secretary, M.M-386, Thirumayam Primary Agricultural Cooperative Credit Society, Thirumayam, Pudukottai District.

10.11.2020 SVN(CO) CS(23.11.2020) 3P 4C 3/3