A.Livingston v. The Chief Election Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI and W.M.P(MD).No.16086 of 2019 A.Livingston ... Petitioner Vs.
1.The Chief Election Commissioner, Co-operative Societies, Teynampet 600 018, Chennai.
2.The Registrar of Co-operative Societies, 170, Periyar EVR High Ways, Kilpauk, Chennai-600 010.
3.The Tamil Nadu State Apex Co-operative Bank Limited, rep., by its Managing Director No.4 (Old No.233) N.S.C.Bose Road, Chennai-600 001.
4.The Deputy Registrar/Managing Director Kanyakumari District Central Co-operative Bank, Alexandra Press Road, 5.The Deputy Registrar/Election Officer, Deputy Registrar of Co-operative Societies, District Collectorate Campus, ... Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus to direct the respondents 1 and 5 to conduct election in the fourth respondent Kanyakumari District 1/4
Central Co-operative Bank, Nagercoil, before proceeding with the election to the third respondent Apex Bank viz., the Tamil Nadu State Apex Co-operative Bank Ltd., Chennai.
For Petitioner : Mr.K.Ragatheesh Kumar for M/s.Isaac Chambers For Respondents : Mr.C.Rajendran (for R1) Standing Counsel Mr.K.Chellapandian (for R2,R3 & R5) Additional Advocate General Mr.D.Shanmugaraja Sethupathi (for R4)
ORDER
(Order of the Court was made by T.S.SIVAGNANAM,J.) Heard Mr.K.Ragatheesh Kumar, learned counsel for the petitioner.
2.With the consent on either side, this writ petition is taken up for final disposal at the admission stage itself. 3.The petitioner seeks for a Writ of Mandamus to direct the respondents 1 and 5 to conduct election in the fourth respondent society before proceeding with the election to the third respondent Apex Bank.
4.The prayer sought for cannot be granted for more one reason. Firstly, the election process had already been commenced by notification dated 22.08.2019. In terms of the schedule, today the list of nomination will be declared as IBA. Therefore, at this juncture, the petitioner cannot seek for any order from this Court to interfere with the election process. According to the petitioner, because of the order of interim stay granted in W.P(MD). 2/4
No.23650 of 2018, election could not be conducted to the Central Cooperative Bank of Kanyakumari District and without conducting election, the election to the said third respondent society should not be conducted. If there is an interim order from this Court, obviously the respondent cannot conduct election. Therefore, we are of the considered view that the present prayer sought for by the writ petitioner in this writ petition cannot be granted at this juncture. Hence, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS) rmk To 1.The Chief Election Commissioner, Co-operative Societies, Teynampet 600 018, Chennai.
2.The Registrar of Co-operative Societies, 170, Periyar EVR High Ways, Kilpauk, Chennai-600 010.
3.The Tamil Nadu State Apex Co-operative Bank Limited, rep., by its Managing Director No.4 (Old No.233) N.S.C.Bose Road, Chennai-600 001.
4.The Deputy Registrar/Managing Director Kanyakumari District Central Co-operative Bank, Alexandra Press Road, 3/4
5.The Deputy Registrar/Election Officer, Deputy Registrar of Co-operative Societies, District Collectorate Campus, +1 CC to M/s.G.RAJENDRAN, Advocate ( SR-86472[F] dated 13/09/2019 ) +1 CC to M/s.D.SHNAMUGARAJA SETHUPATHI, Advocate ( SR-86471[F] dated 13/09/2019 ) +1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-86493[F] dated 13/09/2019 12.09.2019 JMN(24.10.2019) 4P : 9C 4/4