Dismissed

B.Sundaramoorthy, v. The Central Registrar of

Madras HC17 Jun 2016WP/20521/2016

Case brief

AI extract

What is this about?

This Court held that disputes regarding the election process of a cooperative society are matters for election petitions under relevant statutory laws. Consequently, commanding the first respondent to consider a representation challenging the election violates the separation of powers and jurisdictional limits of a writ court.

What did the court decide?

None. The Court held the matter to be for an election petition and dismissed the writ.

B.Sundaramoorthy, Vs The Central… — Constitutional and Fundamental Rights | Madras HC (2016)

¶1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

¶2

DATED : 17.06.2016

¶3

CORAM:

¶4

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN

¶5

W.P. No.20521 of 2016

¶6

B.Sundramoorthy ... Petitioner

¶7

Vs.
1.The Central Registrar of Cooperative Societies
Government of India,
Ministry of Agriculture,
(Dept. of Agriculture and Co-operation)
Krishi Bhavan, New Delhi – 110 001.
2.Chief Executive,
Co-operative Credit Society Ltd.,
Airlines House, Mennabakkam,
Chennai – 600 027.
3.Air Corporations Employees'
Co-operative Credit Society Ltd.,
Rep.by its President,
Airlines House, Mennabakkam,
Chennai - 600 027. ... Respondents
PRAYER : Writ petition filed under Article 226 of the
Constitution of India for issue of writ of mandamus directing
the 1 st respondent to consider the petitioner's representation
dated 18.02.2016 within the stipulated period.

¶8

For Petitioner : Mr.M.Velmurugan

¶9

O R D E R The petitioner is stated to be one of the member of the first respondent society. According to him, there was an Annual General Body Meeting on 10.08.2015 and without any procedure being followed, the present office bears themselves were elected as representatives and therefore, the petitioner gave a representation on 18.02.2016 to the 1^st respondent. Since it has not been considered so far, the petitioner has come up before this Court, by way of this Writ Petition.

¶10

https://hcservices.ecourts.gov.in/hcservices/

¶11

Heard Mr.M.Velmurugan, learned counsel appearing for the petitioner.

¶12

Even the contention made by the learned counsel for the petitioner would disclose that it is a matter for election petition. When the petition is with regard to the questioning of election process, the petitioner's representation cannot be directed to be considered in this writ petition. However, it is open to the petitioner to move the authorities concerned by way of election petition. The petitioner is always at liberty to move any authority by giving proper representation, regarding any other matters or dispute, except election matters.

¶13

With the above observation, this Writ Petition is dismissed. No costs. Sd/Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar rgr To 1.The Central Registrar of Cooperative Societies Government of India, Ministry of Agriculture, (Dept. of Agriculture and Co-opereation) Krishi Bhavan, New Delhi – 110 001. 2.The Chief Executive, Co-operative Credit Society Ltd., Airlines House, Mennabakkam, Chennai – 600 027. 3.The President, Air Corporations Employees' Co-operative Credit Society Ltd., Airlines House, Mennabakkam, Chennai -600 027. +1cc to Mr.M.Velmurugan, Advocate, S.R.No.33574 W.P. No.20521 of 2016 SKS(CO) CA(29/06/2016)

¶14

https://hcservices.ecourts.gov.in/hcservices/

B.Sundaramoorthy, v. The Central Registrar of

Case brief

What is this about?

What did the court decide?

B.Sundaramoorthy, v. The Central Registrar of

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

M. Periyanayagam Vs the Regional Manager

Gothanda Reddy, Vs The District Collector

Viralimalai Rane Trw Vs Government of Tamilnadu

Silvar Palms Welfare Vs Chennai Metropolitan Water

Saradha Papers and Boards Vs The Chairman

St.Peters College of Education Vs The Government of Tamil Nadu