M.Muniasamy, v. The State Government Of
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE D. KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)Nos.19187 & 19188 of 2018 M.Muniasamy ... Petitioner vs.
1.The State Government of Tamil Nadu, Represented by its Secretary to the Government, Department of Food and Co-operative Societies, Chennai - 5.
2.The Election Commissioner, Tamil Nadu State Co-operative Societies, Election Commission, No.273, Kamadenu Super Market (1st Floor), Anna Salai, Chennai - 600 018.
3.The Deputy Registrar of Co-operative Societies/ The District Election Officer, Thoothukudi, Thoothukudi District.
4.The Election Officer, O.831, Thoothukudi Agricultural Producers Polpettai, Thoothukudi - 628 002.
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5.S.Muruganandam 6.O.831, Thoothukudi Agricultural Producers Polpettai, Thoothukudi - 628 002, Through its Secretary.
7.V.Shanmugavel 8.S.T.Chellapandian ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned publication of lists dated 08.10.2018 and 09.10.2018 published by the fourth respondent and consequently directing the respondents 2 to 4 to accept the nomination of the petitioner and to reject the nominations of the respondents 7 and 8 and to conduct the election afresh in a fair, unbiased and democratic manner in respect of the sixth respondent Society viz., O.831, Thoothukudi Agricultural Producers Co-operative Sales Society Limited, No.136, Ettayapuram Road, Polpettai, Thoothukudi - 628 002.
For Petitioner : Mr.M.P.Senthil For Respondent Nos.1 & 3 : Mr.Veera Kathiravan Additional Advocate General Assisted by Mr.S.P.Maharajan Special Government Pleader For Respondent No.2, 4 & 5 to 7: No appearance For Respondent No.8 : Mr.G.Prabhu Rajadurai 2/6
ORDER
(Order of the Court was made by D. KRISHNAKUMAR, J.) The petitioner has filed the present Writ Petition to quash the impugned publication of lists dated 08.10.2018 and 09.10.2018 published by the fourth respondent and consequently to direct the respondents 2 to 4 to accept the nomination of the petitioner and to reject the nominations of the respondents 7 and 8 and to conduct the election afresh in a fair, unbiased and democratic manner in respect of the sixth respondent Society. 2.When the matter was taken up for hearing today, learned Additional Advocate General appearing for the respondents 1 & 3 would submit that the office bearers of the elected body for the Society's tenure is over and hence, the prayer sought for by the petitioner has become infructuous. He would further submit that the Administrator is in-charge of the aforesaid Society.
3.Since the election period is already over and the election disputes cannot be entertained under Article 226 of the Constitution of India 3/6
and the same has to be decided before the appropriate forum as per the Tamil Nadu Co-operative Societies Act, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed. [D.K.K.,J.] [R.V.,J.] 11.03.2024 NCC : Yes / No Index : Yes / No ps To 1.The Secretary to the Government, Department of Food and Co-operative Societies, Chennai - 5.
2.The Election Commissioner, Tamil Nadu State Co-operative Societies, Election Commission, No.273, Kamadenu Super Market (1st Floor), Anna Salai, Chennai - 600 018.
3.The Deputy Registrar of Co-operative Societies/ The District Election Officer, Thoothukudi, Thoothukudi District.
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4.The Election Officer, O.831, Thoothukudi Agricultural Producers Polpettai, Thoothukudi - 628 002.
5.The Secretary, O.831, Thoothukudi Agricultural Producers Polpettai, Thoothukudi - 628 002.
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D. KRISHNAKUMAR ,J.
and R.VIJAYAKUMAR,J.
ps ORDER MADE IN DATED : 11.03.2024 6/6