R.Rajadurai v. The Election Commission

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.10.2018

CORAM:

THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.[MD].No.21165 of 2018 and W.M.P.(MD).No.19005 & 19006 of 2018 R.Rajadurai : Petitioner Vs.

1.The Election Commission, Tamil Nadu Co-operative Society, 273, Scheme Road, Subburayan Nagar, Thenampettai, Chennai.

2.The Joint Registrar, Tamil Nadu Co-operative Society, Tirunelveli District.

3.The District Election Officer, Tamil Nadu Co-operative Society, Tirunelveli District. 4.The Electoral Officer, 5.The Director, : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned notification issued under Rule 52 (3)(a) of the Tamil Nadu Co-operative Societies Rules, in Na.Ka.No.415/2018 T.nj dated 19.09.2018 by the third respondent for the preparation of the voters list and election process, quash the same and further direct the respondents to conduct free and fair election with proper valid voters list under Rule 52(7)(e) of the Tamil Nadu Co-operative Society Rules, 1988.

For petitioner : Mr.F.Deepak For Respondent No.1 : Mr.M.S.Palaniswamy Standing Counsel

For Respondent Nos.2&3 : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.A.K.Baskarapandian Special Government Pleader

O R D E R

*********** [Order of the Court was made by M.M.SUNDRESH, J.] The grievance of the petitioner is that he has not been allowed to vote. The petitioner is, therefore, before this Court challenging the impugned notification issued by the third respondent.

2. Much water has flown under the bridge. It is submitted by the learned Additional Advocate General that 11 persons have been elected to the Board. Since the petitioner is a B member, he is not entitled to vote.

3. In view of the above, the Writ Petition stands dismissed, giving liberty to the petitioner to invoke Section 90 of the Tamil Nadu Co-operative Societies Act, 1983. No costs. Consequently, connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS-I) To 1.The Election Commission, Tamil Nadu Co-operative Society, 273, Scheme Road, Subburayan Nagar, Thenampettai, Chennai.

2.The Joint Registrar, Tamil Nadu Co-operative Society, Tirunelveli District.

3.The District Election Officer, Tamil Nadu Co-operative Society, Tirunelveli District. 4.The Electoral Officer,

5.The Director, +1 CC TO The Special Government Pleader SR.NO. 90177 ORDER MADE IN W.P.[MD].No.21165 of 2018 10.10.2018 NB TR/SV/SAR-I(08.11.2018)3P 7C