Dismissed

P.S.Mayilsamy v. the Election Commissioner

Madras HC24 Aug 2018WP(MD)/18447/2018

Case brief

AI extract

What is this about?

The petitioner sought a writ under Article 226 to be sworn in as an Administrative Member, claiming his nomination was accepted. The Court found he was not in the elected members' list and his nomination was rejected. As the election was concluded, the Court held the factual dispute could not be examined and directed the petitioner to use the remedy under Section 90 of the Tamil Nadu Co-operative

What did the court decide?

Writ petition dismissed; consequential miscellaneous petition closed.

P.S.Mayilsamy Vs the Election Commissioner — Service and Employment | Madras HC (2018)

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.08.2018 CORAM:

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THE HONOURABLE MR.JUSTICE M.M.SUNDRESH AND THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P.[MD].No.18447 of 2018 and W.M.P.(MD).No.16351 of 2018

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P.S.Mayilsamy : Petitioner

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Vs.

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1.The Election Commissioner, Tamil Nadu State Co-operative Societies, Anna Salai, Chennai 18.

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2.The District Registrar-cumElection Officer, Palani, Dindigul District.

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3.The Election Officer/Election Observer, Mannavanur Primary Agricultural Co-op Societies Bank, A-1291, Mannavanur Post, Kodaikanal Taluk, Dindigul District.

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4.Selvi 5.Thillai Nayagam : Respondents

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PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents 1 to 3 to call the petitioner for swear in for the post of Administrative Member in the third respondent Mannavanur Primary Agricultural Co-op Societies Bank, A-1291, Mannavanur Post, Kodaikanal Taluk, Dindigul District, based on the eligible candidate list, dated 02.04.2018.

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For petitioner : Mr.N.Mohan For respondents 1to3 : Mr.K.Chellapandian Additional Advocate General Assisted by Mr.A.K.Baskarapandian Special Government Pleader

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ORDER

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[Order of the Court was made by M.M.SUNDRESH, J.]

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The petitioner has come forward to file the present Writ Petition seeking a relief on the premise that despite his nomination being accepted and name declared along with the eligible candidates, https://hcservices.ecourts.gov.in/hcservices/ on 02.04.2018, he has not been asked to for swearing in to the post of Administrative Member in the third respondent society.

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Mr.K.Chellapandian, learned Additional Advocate General, assisted by Mr.A.K.Baskarapandian, learned Special Government Pleader, has produced the records, which indicate that the name of the petitioner was not found in the elected members' list. On the contrary, the records would indicate that the nomination of the petitioner was rejected.

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In our considered view, this Court cannot go into the above disputed question of fact. Admittedly, the election is over. Therefore, the only remedy open to the petitioner is to invoke Section 90 of the Tamil Nadu Co-operative Societies Act, 1983. Accordingly, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

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Sd/-

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Assistant Registrar(CS-I)

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/True Copy/

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Sub Assistant Registrar(CS-I)

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1.The Election Commissioner,

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Tamil Nadu State Co-operative Societies,

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Anna Salai, Chennai 18.

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2.The District Registrar-cum-

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Election Officer,

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Palani, Dindigul District.

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3.The Election Officer/Election Observer, Mannavanur Primary Agricultural Co-op Societies Bank, A-1291, Mannavanur Post,

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Kodaikanal Taluk, Dindigul District.

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+1CC to the Special Government Pleader SR.No. 80332

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W.P.[MD].No.18447 of 2018 24.08.2018

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ES/SKN/RSK/SAR 2/25.09.2018/2P/5C

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

P.S.Mayilsamy v. the Election Commissioner

Case brief

What is this about?

What did the court decide?

P.S.Mayilsamy v. the Election Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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