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Madras High CourtWP(MD)/20945/2018dismissed

M.Swamy Dhass v. The Election Commissioner

2018-10-05Honourable Mr Justice T.Raja,Honourable Mr Justice Krishnan Ramasamy2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.10.2018

CORAM:

THE HONOURABLE MR. JUSTICE T.RAJA and THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.20945 of 2018 and W.M.P.(MD) Nos.18719 and 18720 of 2018 M.Swamy Dhass ... Petitioner Vs.

1.The Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, 1st Floor, Kamadhenu Super Market, Teynampet, Chennai - 600 018.

2.The Assistant Director, Handloom and Textiles Department / District Election Officer, Nagercoil Region, Nagercoil.

3.The Deputy Registrar of Co-operative Societies/ District Election Officer, Thuckalay Region, Thuckalay, Kanyakumari District.

4.Y-128, The Pulliyoor Salai Primary Agricultural Co-operative Credit Society, Mancode Post, Kanyakumari District, Rep. by its Secretary.

... Respondents PRAYER: The writ petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, to call for the records of the notification dated 17.09.2018 by the second respondent and the notification dated 19.09.2018 by the third respondent, quash the same.

For Petitioner : Mr.C.T.Perumal For Respondent 1 : Mr.K.Palanisamy For Respondents : Mr.K.Chellapandian, 2 to 4 Additional Advocate General assisted by Mr.A.K.Bhaskara Pandian, Special Government Pleader *** https://hcservices.ecourts.gov.in/hcservices/

ORDER

(Order of the Court was made by T.RAJA, J.) This Writ Petition is filed challenging the notification dated 17.09.2018 and 19.09.2018 issued by the second and third respondents respectively.

2.Heard Mr.C.T.Perumal, learned Counsel appearing for the petitioner, Mr.K.Palanisamy, learned Counsel appearing for the first respondent and Mr.K.Chellapandian, learned Additional Advocate General assisted by Mr.A.K.Bhaskarapandian, learned Special Government Pleader appearing for the respondents 2 to 4. 3.The election notifications were issued on 17.09.2018 and 19.09.2018 but the Writ Petition has been filed only two days before the last date for filing nomination, namely, 06.10.2018. Since the election process had already commenced and in view of the huge delay, we are unable to entertain the Writ Petition and the same is dismissed. No costs. Consequently, the Writ Miscellaneous Petitions are closed.

Sd/ Assistant Registrar(Crl Side) /True copy/ Sub Assistant Registrar(CS-IV) To 1.The Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, 1st Floor, Kamadhenu Super Market, Teynampet, Chennai - 600 018.

2.The Assistant Director, Handloom and Textiles Department / District Election Officer, Nagercoil Region, Nagercoil.

3.The Deputy Registrar of Co-operative Societies/ District Election Officer, Thuckalay Region, Thuckalay,Kanyakumari District.

4.The Secretary, Y-128, The Pulliyoor Salai Primary Agricultural Co-operative Credit Society, Mancode Post, Kanyakumari District.

+1cc to Mr.C.T.Perumal, Advocate, SR.No.89181 +1cc to M/s.Special Government Pleader,SR.No. 89188 W.P.(MD) No.20945 of 2018 and W.M.P.(MD) Nos.18719 and 18720 of 2018 05.10.2018 SRM KK/SV/SAR-4/09.11.2018/2P-7C https://hcservices.ecourts.gov.in/hcservices/