The Madras High Court disposed of a writ petition challenging the validity of an election by co-operative housing society office bearers. The court held that since related issues were falling under Section 90 referral to committees, the petition needed no further adjudication here.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:11.08.2018 C O R A M
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
Writ Petition (MD) No.17601 of 2018 and W.M.P.(MD).No.15469 of 2018
A.Aathi Sivagnanam
... Petitioner
Vs.
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Election Officer/Returning Officer, Tirunelveli Palayamkottai Co-operative Housing Society Limited, 0.1947, Tirunelveli.
3.The District Registrar, Office of the District Housing Society, Vannarpettai, Tirunelveli.
4.The Election Commissioner, State Election Commission, for Co-operative Societies, No.273, Anna Salai, Chennai.
.. Respondents
(R-4 is suo motu impleaded vide court order dated 07.08.18 in W.P.(MD).No.17601 of 2018)
Prayer:Petition filed under Article 226 of the Constitution of India praying for the issuance of Writ of mandamus directing the 2nd and 3rd respondents to cancel all the process in connection with the election for the post of office bearers of the Tirunelveli Palayamkottai Co-operative Housing Society Limited., 0.1947, which is said to have been taken place on 02.05.2018 and consequently direct the 2nd respondent to hold the election afresh strictly in adherence with law for the said posts after receiving the petitioner's nomination paper.
For Petitioner : Mr.R.Anand For Respondents : Mr.K.Chellapandian
Mr.A.K.Baskara Pandian
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O R D E R
[Order of the Court was made by M.M.SUNDRESH, J.]
The writ petition has been filed for issuance of writ of mandamus, directing the 2nd and 3rd respondents to cancel all the process in connection with the election for the post of office bearers of the Tirunelveli Palayamkottai Co-operative Housing Society Limited., 0.1947, which is said to have been taken place on 02.05.2018 and consequently direct the 2nd respondent to hold the election afresh strictly in adherence with law for the said posts after receiving the petitioner's nomination paper.
2.The grievance of the petitioner appears to be with respect to the illegal rejection of nomination. Learned counsel for the petitioner would submit that the petitioner did make an objection over the illegal rejection of nomination. Thus, it is submitted that it is a case, which is covered by a decision rendered by a Division Bench of the Principal Seat of this Court in W.P.No.7526 of 2018 etc & batch, dated 03.08.2018.
3.Considering the same issue, we have also passed an order in W.P.(MD).No.17730 of 2018, etc., batch, dated 10.08.2018. The relevant portion is as under:
“5. Thus, from the above, it is clear that the respondents are bound to comply with the orders passed by the Division Bench of this Court referred to supra. Therefore, we deem it fit to permit the petitioners to bring it to the notice of the Honourable Committee, about the pendency of the objections/complaints and the resultant non-compliance of the respondents.
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thereafter, the other issues including the one step have to be dealt with by the Honourable Committees. But no complaints have been given and the issues which have arisen thereafter are necessarily to be dealt with under Section 90 of the Tamil nadu Co-operative Societies Act, alone.
4.Therefore, this writ petition stands disposed of on the same terms. No costs. Consequently, connected miscellaneous petition is closed.
Sd/Assistant Registrar(P&A)
/True Copy/
Sub Assistant Registrar(CS-II)
To
1.The District Collector, Tirunelveli District, Tirunelveli.
3.The District Registrar, Office of the District Housing Society, Vannarpettai, Tirunelveli.
4.The Election Commissioner, State Election Commission, for Co-operative Societies, https://hcservices.ecourts.gov.in/hcservices/ No.273, Anna Salai, Chennai.
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+1cc to M/S.R.Anand, Advocate SR.No. 78385
+1cc to Special Government Pleader, SR.No. 78284
Writ Petition (MD) No.17601 of 2018 and W.M.P.(MD).No.15469 of 2018 11/08/2018
vs JM/SKN RSK/SAR 2/13.08.2018/4P/7C
1 issue framed by the court
Whether to dispose of the writ petition seeking cancellation of election process and holding a fresh election in view of pending issues under Section 90 of the Tamil Nadu Co-operative Societies Act, 1
A.Aathi Sivagnanam
The District Collector, Tirunelveli District
The Election Officer/Returning Officer, Tirunelveli Palayamkottai Co-operative Housing Society Limited
The District Registrar, Office of the District Housing Society
The Election Commissioner, State Election Commission, for Co-operative Societies
M.M.SUNDRESH
N.SATHISH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
