Single judge order dismissing two writ petitions seeking direction to allow participation in cooperative society elections against bar of pending suspension proceedings under TNCS Act 1983. Petitions withdrawn after counsel admitted ineligibility.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.04.2018
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.Nos.7715 & 7716 of 2018 and WMP.Nos.9622 & 9623 of 2018
R.B.Pazhanivel .. Petitioner in W.P.No.7715 of 2018 T.V.Kanniappan .. Petitioner in W.P.No.7716 of 2018
-vs-
The Deputy Registrar (Milk Development) of Cooperative Societies (District Election Officer) Kancheepuram Kancheepuram District ..Respondent in both the writ petitions Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Mandamus, directing the respondent to consider the representations of the petitioners dated 26.03.2018 and 28.03.2018 respectively and permit the petitioners to participate in the election process commencing on 09.04.2018 for the posts of President and Vice President respectively to the Thirukazhukundram Milk Producers Cooperative Sangam Limited, G-1549, Ruthirankoil, Thirukazhukundram, Kancheepuram District.
For Petitioners in :: Mr.M.Ramamoorthi both WPs For Respondent in :: Mr.L.P.Shanmughasundaram both WPs Special Government Pleader
ORDER
When the matters were taken up for hearing, the learned Special Government Pleader for the respondent brought to the notice of this Court the bar of disqualification under Section 34(5)(b) of the Tamil Nadu Cooperative Societies Act, 1983 against the petitioners to take part in the election, which reads as follows:-
“34.(5)(b). No member of a board in respect of whom proceeding under Section 87 is pending and no member of a board in respect of which proceeding under Section 88 is pending, shall be eligible for election or
nomination to the board till the termination of such proceeding.”
Sd/Assistant Registrar(CCC)
//True Copy//
Sub Assistant Registrar
ss
To
1. The Deputy Registrar (Milk Development)
of Cooperative Societies
(District Election Officer)
Kancheepuram
Kancheepuram District
+1cc to Government Pleader Sr.No.25192, 25193
KJI(CO)
sm:18.4.2018
W.P.Nos.7715 & 7716 of 2018
R.B.Pazhanivel
T.V.Kanniappan
Deputy Registrar (Milk Development) of Cooperative Societies, Kancheepuram
T. Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
