R. Bakthavathsalam v. The State Govt. Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and M.P.(MD) No.1 of 2015 and W.M.P.(MD) Nos.15932 of 2017 and 6785 of 2018 R.Bakthavathsalam ... Petitioner /vs./ 1.The State Government of Tamil Nadu, represented by its Secretary to the Government, Department of Food and Cooperative Societies, Chennai -5.

2.The Joint Registrar of Cooperative Societies, Nagercoil, Kanyakumari District.

3.The Deputy Registrar of Cooperative Societies, Thuckalay, Kanyakumari District 629 175.

4.The Election Officer, Y-70, Charappazhanji Athencode Primary 1/5

5.Y-70, Charappazhanji Athencode Primary Represented by its President, ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the entire records pertaining to the order in Na.Ka.5961/2014/Sapa dated 15.09.2015 on the file of the 2nd respondent, confirming the order passed by the 3rd respondent in Election Petition No.5/2013 dated 25.07.2014, challenging the proceedings dated 09.04.2013 by the 4th respondent Election Officer rejecting the Petitioner's nomination and quash all the same and consequently set aside the entire election process held on 19.04.2013 in the 5th respondent society and further directing the 3rd respondent to conduct a fresh election for Board of Directors in respect of the 5th respondent society.

For Petitioner : Mr.M.P.Senthil For Respondents : Mr.R.Suresh Kumar Additional Government Pleader

ORDER

The prayer in the writ petition is challenging the rejection of the nomination filed by the petitioner in the year 2013, which he had also unsuccessfully challenged in an appeal before the second respondent. 2/5

2. It has been brought on record that the petitioner had filed his nomination for the election to be held in the year 2018 and his nomination has been accepted.

3. Since the prayer sought for in this writ petition relates to the election for the year 2013 and that the election for the subsequent period has also been conducted, no further adjudication is required to be made in this writ petition, and accordingly, the Writ Petition stands closed with liberty to the petitioner to raise all these issues in future. However, there shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed. Index : Yes / No 18.11.2024 Internet : Yes / No mm To 1.The Secretary to the Government, Department of Food and Cooperative Societies, Chennai -5.

2.The Joint Registrar of Cooperative Societies, Nagercoil, Kanyakumari District.

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3.The Deputy Registrar of Cooperative Societies, Thuckalay, Kanyakumari District 629 175.

4.The Election Officer, Y-70, Charappazhanji Athencode Primary 5.Y-70, Charappazhanji Athencode Primary Represented by its President, 4/5

K.KUMARESH BABU, J.

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