K.Vilvathurai, v. The State Election
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.07.2019
CORAM:
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU and THE HONOURABLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD)No.24716 of 2018 K.Vilvathurai : Petitioner Vs.
1.The State Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, 273, Annasalai, Thenampettai, Chennai.
2.The State Election Officer/ Registrar, Tamil Nadu Co-operative Societies Election, Registrar of Co-operative Societies, Kilpauk, Chennai.
3.The District Election Observer/ Joint Registrar of Co-operative Societies, Ramanathapuram District, Ramanathapuram.
4.The District Election Observer/ Deputy Registrar of Co-operative Societies, Paramakudi Circle, Ramanathapuram District.
5.The Returning Officer, A1324 Kamuthi Agricultural Marketing Co-operative Credit Society, Kamuthi, Ramanathapuram.
... Respondents PRAYER :
Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus direct the respondents to issue fresh election schedule and further direct to conduct the free and fair election for the post of Directors and the post of President and Vice-president of Kamuthi Agricultural Marketing Co-op credit society within stipulated time and further appoint Advocate Commission to supervise the election process to ensure the free and fair election in the Kamuthi Agricultural Marketing Co-operative Credit Society.
For Petitioner : Mr.Raja. Karthikeyan For R-1 & R-2 : Mr.M.S.Palanisamy assisted by Mr.G.Rajendran For R-3 & R-4 : Mr.K.Chellapandian Additional Advocate General assisted by Mr.V.R.Shanmuganathan Special Government Pleader
O R D E R
************ [Order of the Court was made by K.RAVICHANDRABAABU, J.] The present writ petition is filed seeking for Mandamus directing the respondents to issue fresh election schedule and to conduct the free and fair election for the post of Directors and the post of President and Vice-president of Kamuthi Agricultural Marketing Co-operative credit society, within a stipulated time and to appoint an Advocate Commission to supervise the election process to ensure the free and fair election in the said Society. 2.Heard both sides.
3.The grievance of the petitioner is that the election to the subject matter society will not be conducted in a free and fair manner. Therefore, the petitioner seeks for appointment of an Advocate Commissioner.
4.The learned Additional Advocate General submitted that the election will be conducted to the subject matter society by appointing independent election officer from the Government and therefore, the apprehension of the petitioner is not well founded. 5.Recording the above said submission, this writ petition is disposed of. Interim order granted, if any, stands vacated. No costs.
Sd/- Assistant Registrar (A.S) // True Copy // Sub Assistant Registrar(CS )
To 1.The State Election Commissioner, Tamil Nadu Co-operative Societies Election Commission, 273, Annasalai, Thenampettai, Chennai.
2.The State Election Officer/ Registrar, Tamil Nadu Co-operative Societies Election, Registrar of Co-operative Societies, Kilpauk, Chennai.
3.The District Election Observer/ Joint Registrar of Co-operative Societies, Ramanathapuram District, Ramanathapuram.
4.The District Election Observer/ Deputy Registrar of Co-operative Societies, Paramakudi Circle, Ramanathapuram District.
5.The Returning Officer, A1324 Kamuthi Agricultural Marketing Co-operative Credit Society, Kamuthi, Ramanathapuram.
+1 CC to Mr.RAJA.KARTHIKEYAN, Advocate SR-75330. +1 CC to Mr.G.RAJENDRAN, Advocate SR-75365.
W.P.(MD)No.24716 of 2018 15.07.2019 CS(24.07.2019) 3P 8C