Allowed

V.Anand, v. The State of Tamilnadu

Madras HC12 Jun 2018WP/12560/2018

Case brief

AI extract

What is this about?

The High Court directed the respondents to constitute a committee to examine and revise the voter list of Madras Advocates' Cooperative Society Ltd. by deleting deceased members and including omitted ones. Elections were to be conducted after the list was finalized based on committee recommendations.

What did the court decide?

Directive to constitute a committee to revise the voter list, update it within specified timelines, publish for objections, and conduct elections.

V.Anand, Vs The State of Tamilnadu — Election Law | Madras HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 12.06.2018

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CORAM :

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The Hon'ble Ms.INDIRA BANERJEE, CHIEF JUSTICE

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AND

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The Hon'ble Ms.JUSTICE P.T.ASHA

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W.P. No.12560 of 2018

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V.Anand .. Petitioner
-vs-
1.The State of Tamil Nadu,
Rep. by Secretary to Government,
Co-operative Department,
Fort St. George, Chennai 600 009.
2.The Commissioner,
Tamil Nadu Co-operative Societies
Election Commission, No.273,
Kamadhenu Supermarket, Anna Salai,
Chennai-2.
3.The Secretary,
Tamil Nadu Co-operative Societies Election
Commission, No.273, Kamadhenu
Supermarket, Anna Salai, Chennai-2.
4.The Registrar
Tamil Nadu Co-operative Society,
Poonamallee High Road, Kilpauk,
Chennai.
5.The Deputy Registrar,
Tamil Nadu Co-operative Society (Non-Loan)
Kuralagam, Chennai 600 108.
6.The District Election Officer,
Tamil Nadu Co-operative Society,
Poonamallee High Road, Kilpauk,
Chennai. .. Respondents

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

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Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct the respondents to consider petitioner's representation dated 10.05.2018 and to take necessary measures to constitute a three member Committee under the Head of a Retired High Court Judge to remove the names of the deceased members of the society and to prepare a fresh list with the name of surviving members of the Madras Advocates' Co-operative Society Ltd., to conduct fair election under the supervision of the Committee.

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This writ petition has been filed seeking a writ of mandamus directing the respondents to consider the petitioner's representation dated 10.05.2018 and to constitute a three-member Committee under the head of a retired High Court Judge to remove the names of the deceased members of the Madras Advocates' Cooperative Society Ltd. from the list of voters.

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2.This Court deems it appropriate to constitute a Committee led by Mr.S.V.Jayaraman, Senior Advocate, and comprising Mr.G.Mohanakrishnan, the President of Madras High Court Advocates' Association, Mr.V.R.Kamalanathan, the Secretary of the Madras Bar Association, Mr.T.V.Krishnakumar, the President of the Law Association and Mrs.V.Nalini, the President of Women Lawyers Association to examine the list of members/voters of the Madras Advocates' Cooperative Society Limited for deletion of names of deceased members and inclusion of names of members who might have been omitted and to make recommendations to the District Election Officer for updating the list.

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3.On the recommendation of the Committee, the District Election Officer shall update the list by deletion of the names of deceased members and by inclusion of names, if any, of members of the Society, omitted from the existing list.

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The exercise shall be carried out within two (2) months and the list shall positively be revised within three (3) months

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

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from date. After the revised list is prepared, the same may be published and objections thereto, invited within three (3) weeks from the date of publication. If no objection is received, the list may be finalised. If any objection is received, the objection may be taken into consideration and thereafter, the list finalised within one (1) month. The Election Commission shall, thereafter, conduct the elections in accordance with law. It is made clear that this order is restricted only to the Madras Advocates' Cooperative Society Ltd.

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The writ petition is disposed of. No costs.

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Sd/-
Assistant Registrar(CS IX)
//True Copy//
Sub Assistant Registrar
sra
To
1.The Secretary to Govt. of Tamil Nadu,
Co-operative Department,
Fort St. George, Chennai 600 009.
2.The Commissioner,
Tamil Nadu Co-operative Societies
Election Commission, No.273,
Kamadhenu Supermarket, Anna Salai,
Chennai-2.
3.The Secretary,
Tamil Nadu Co-operative Societies Election
Commission, No.273, Kamadhenu
Supermarket, Anna Salai, Chennai-2.
4.The Registrar
Tamil Nadu Co-operative Society,
Poonamallee High Road, Kilpauk, Chennai.
5.The Deputy Registrar,
Tamil Nadu Co-operative Society (Non-Loan)
Kuralagam, Chennai 600 108.

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

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6.The District Election Officer, Tamil Nadu Co-operative Society, Poonamallee High Road, Kilpauk, Chennai.

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+1cc to Mr.G.Mohanakrishnan, Advocate sr.no.36747

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W.P.No.12560 of 2018

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nr 20/06/2018

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

V.Anand, v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

V.Anand, v. The State of Tamilnadu

Case brief

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