The Madurai Bench dismissed a writ petition and closed pending writ memorial applications challenging election notifications. The Court declined to entertain the matter as the grievance was pending before a constituted Committee and the subsequent election involved interests of other state holders not before the Court.
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 : 09.10.2018
CORAM:
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH and THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD) No.21097 of 2018 and WMP(MD)Nos.18893 and 18894 of 2018
E.Samtitus Mani ... Petitioner vs.
1.The Secretary to Government, Cooperation, Food and Consumer Protection Department, St.George Fort, Chennai.
2.The Tamilnadu Cooperative Societies Election Commission, Kamathenu Super Market, I Floor, Theynampet, Chennai – 18. 3.The Circle Deputy Registrar of Cooperative Societies/District Election Officer, Office of the Circle Deputy Registrar of Cooperative Societies, Nagercoil. 4.The Circle Deputy Registrar of Cooperative Societies, Thakkalai/District Election Officer, Kanyakumari District.
5.The Assistant Director of Handlooms and Textiles Department/District Election Officer, Nagercoil, Kanyakumar District. ... Respondents
Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the impugned notification published by the respondents 4 https://hcservices.ecourts.gov.in/hcservices/ and 5 in the Daily Thanthi dated 17.09.2018 and 19.09.2018 and quash the same and to direct the 4th and 5th respondents to publish the result of the election of Y.285, Kalkulam Vilavankodu Taluk Primary
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Agricultural Cooperative Credit Society Ltd. Kanyakumari District and consequently to conduct the elections for the Central Cooperative Institutions thereby enabling the petitioner to participate.
For Petitioner : Mr.G.Murugan For Respondents : Mr.A.K.Baskarapandian Special Government Pleader
O R D E R
[ Order of the Court was made by M.M.SUNDRESH, J.]
The issue raised in this writ petition is pending before the Committee constituted by this Court, pursuant to the orders passed by the Division Bench of the Principal Seat of this Court in W.P.No.7526 of 2018, etc., batch., dated 03.08.2018 and therefore, the subsequent election for phase-II cannot be allowed to go on.
2.The aforesaid grievance cannot be a base to entertain this writ petition. The subsequent election would constitute number of other societies. Therefore, interest of various other state holders is also involved, unfortunately, they are not before us. Further, it has been informed us that similar issue has already been considered by this Court and rejected on 05.10.2018.
3.In such view of the matter, we are not inclined to entertain this writ petition. Accordingly, the same is dismissed. No costs. Consequently, WMP(MD)Nos.18893 and 18894 of 2018 are closed. SD
ASSISTANT REGISTRAR ( T AND P )
TRUE COPY
SUB ASSISTANT REGISTRAR ( CS II )
mj
To
1.The Secretary to Government, Cooperation, Food and Consumer Protection Department, St.George Fort, Chennai.
2.The Tamilnadu Cooperative Societies
Election Commission,
Kamathenu Super Market, I Floor, Theynampet, Chennai – 18.
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3.The Circle Deputy Registrar of Cooperative Societies/District Election Officer, Office of the Circle Deputy Registrar of Cooperative Societies, Nagercoil. 4.The Circle Deputy Registrar of Cooperative Societies, Thakkalai/District Election Officer, Kanyakumari District.
5.The Assistant Director of Handlooms and Textiles Department/District Election Officer, Nagercoil, Kanyakumar District. 1CC TO MR. R. SARAVANAN, ADVOCATE SR 89408 1CC TO THE SPL GOVT PLEADER SR 90168 DS SKN SAR 2 11 10 2018 3P 8C
W.P.(MD) No.21097 of 2018 09.10.2018
3 issues framed by the court
Whether the writ petition challenging the election notifications should be entertained when the issue is already pending before a Committee and the subsequent election involves other interests.
Whether the grievance regarding the impugned notification provides a base to entertain the petition given the pendency of similar issues and a recent rejection.
Whether the writ petition should be dismissed given the Court's position on the matter.
1 provisions across 1 enactments
E.Samtitus Mani
The Secretary to Government, Cooperation, Food and Consumer Protection Department
The Tamilnadu Cooperative Societies Election Commission
The Circle Deputy Registrar of Cooperative Societies/District Election Officer, Nagercoil
The Circle Deputy Registrar of Cooperative Societies, Thakkalai
The Assistant Director of Handlooms and Textiles Department
M.M.Sundresh
N.Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
