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Madras High CourtWP(MD)/24983/2019disposed of

S.Chandra Mohan v. The Deputy Registrar Of Cooperative Societies

2019-11-25Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani2 pages

W.P.(MD)No.24983 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD)No.24983 of 2019 and W.M.P.(MD)Nos.21562 and 21565 of 2019 S.Chandra Mohan ... Petitioner Vs 1.The Deputy Registrar of Co-operative Societies/ The District Election Officer, Lalkudi Circle, Lalkudi, Tiruchirappalli District. 2.The Special Officer / The Election Officer, Ty.Spl.99, Thirumanamedu Primary Agricultural Co-operative Credit Society, Tiruchirappalli District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari to call for the records on the file of the first respondent through his proceedings in publication No.Nil dated 08.11.2019 published in news paper Daily Malar for conducting election to the second respondent's Ty.Spl.99, Thirumanamedu Primary Agricultural Co-operative Credit Society, Tiruchirappalli District and quash the same as illegal. For Petitioner : Mr.M.Jegadeesh Pandian For Respondents : Mr.K.Chellapandian, Additional Advocate General assisted by Mr. A.K.Baskarapandian Special Government Pleader

ORDER

(Order of the Court was made by T.S.SIVAGNANAM, J.) The petitioner seeks for a relief of quashing the proceedings dated 08.11.2019 published in news paper Daily Malar for conducting election to the second respondent's Ty.Spl.99, Thirumanamedu Primary Agricultural Co-operative Credit Society, Tiruchirappalli District. 2.On a perusal of the election notification, an officer in the cadre of Sub Registrar of Co-operative Societies is nominated as an election officer. We find that there is no error and it is in consonance with the order passed by the Committee on Co-operative https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD)No.24983 of 2019 Cases (herein after referred to as 'election committee'). Further we note that the election committee has directed to supervise the election by a higher official.

3.The learned Additional Advocate General assisted by Mr.A.K.Baskara Pandian, learned Additional Government Pleader submitted that the Deputy Registrar of the concerned area will be the higher official who shall supervise the entire election. 4.Therefore, there is full compliance of the directions issued by the election committee. Videography is concerned, this Court directs that if it is possible it shall be arranged. We direct that the election process can be videographed, subject to the condition that all the candidates who have filed nominations and authorities have accepted the nominations, agree to pay the cost of videography.

The cost of videography shall be estimated by the concerned professionals and inform the candidates who have filed nominations and if all the candidates unanimously deposit the entire amount payable to the videography, then the election officer can videograph the election process. In case, there is no unanimity, the entire cost shall be borne by the petitioner and deposited in advance to the election officer who shall intimate the cost that will liable to be paid.

5.Accordingly, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) To 1.The Deputy Registrar of Co-operative Societies/ The District Election Officer, Lalkudi Circle, Lalkudi, Tiruchirappalli District. 2.The Special Officer / The Election Officer, Ty.Spl.99, Thirumanamedu Primary Agricultural Co-operative Credit Society, Tiruchirappalli District.

+1 CC to M/s.M. JEGADEESH PANDIAN, Advocate (SR-101010[F] 25/11/2019 ) +1 CC to M/s.Special Govt. Pleader ( SR-101530[F] dated 26/11/2019 ) W.P.(MD)No.24983 of 2019 and W.M.P.(MD)Nos.21562 and 21565 of 2019 25.11.2019 SDS (16.12.2019) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2