Bakthavathsalam R v. The Deputy Registrar Of Cooperative Societies/

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN R.Bakthavathsalam : Petitioner Vs.

1.The Deputy Registrar of Cooperative Societies / District Election Officer, Thuckalay, Kanyakumari District - 629 175.

2.The Electoral Officer, Y-70, Charappazhanji Athencode Primary 3.The Election Officer, Y-70, Charappazhanji Athencode Primary 1/6

4.Y-70, Charappazhanji Athencode Primary : Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the first respondent to dispose the petitioner's election petition in Election Dispute Petition No.2 of 2019 on the file of first respondent within a time frame as fixed by this Court.

For Petitioner : Mr.M.P.Senthil For Respondents : Mr.Veerakathiravan, Additional Advocate General Assisted by Mr.S.P.Maharajan Special Government Pleader

O R D E R

************ [Order of the Court was made by S.M.SUBRAMANIAM, J.] A Writ of Mandamus has been instituted to direct the first respondent to dispose of the petitioner's election petition in Election Dispute Petition No.2 of 2019.

2.By consent of both sides, the Writ Petition itself is taken up for final disposal at the time of admission itself. 2/6

3.It is needless to state that the election petition filed under the provisions of the Tamil Nadu Cooperative Societies Act, 1983 are to be disposed of at the earliest possible and by following the procedures as contemplated and after giving opportunity to the parties. The grievance of the petitioner is that the election petition filed is not taken up for adjudication and thus, he is constrained to move the present petition.

4.Mr.Veerakathiravan, learned Additional Advocate General assisted by Mr.S.P.Maharajan, learned Special Government Pleader has no serious objection for issuing a direction to dispose of the said election petition but made a request to grant three [3] months time.

5.In view of the above facts and circumstances, the first respondent, Deputy Registrar of Cooperative Societies / District Election Officer, Thuckalay is directed to adjudicate the Election Dispute Petition No.2 of 2019 and dispose of the same within a period of three [3] months from the date of receipt of a copy of this order.

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6.With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs. [S.M.S.,J.] & [V.L.N.,J.] 24.11.2023 Index : Yes/No Internet : Yes/No MR 4/6

To 1.The Deputy Registrar of Cooperative Societies / District Election Officer, Thuckalay, Kanyakumari District - 629 175.

2.The Electoral Officer, Y-70, Charappazhanji Athencode Primary 3.The Election Officer, Y-70, Charappazhanji Athencode Primary 4.Y-70, Charappazhanji Athencode Primary 5/6

S.M.SUBRAMANIAM , J.

AND V.LAKSHMINARAYANAN , J.

MR ORDER MADE IN 24.11.2023 6/6