The Madurai Bench directed the Election Officer to conduct the board of management election for a co-operative society videographing the process, noting the election had been re-scheduled by the Commission.
Directed the Election Officer to conduct the election in accordance with the Commission's schedule, ensuring videography and fairness.
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: 12.12.2018 CORAM: THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.P.[MD]No.23814 of 2018
S.P.Kannan : Petitioner Vs.
1.The Commissioner,
Tamil Nadu State Co-operative Election Commission, 273, Annasalai,
Teynampet, Chennai – 600 018.
2.The Joint Registrar for Co-operative Societies, Madurai Zone, Menaga Apartment, Lady Doak College Road, Madurai.
3.The Circle Deputy Registrar for Co-operative Societies, Madurai Circle, Madurai District.
4.The Election Officer,
A-2478, Melur Velan Vilaiporul Kootturavu Virpanai Sangam, Melur, Madurai District. : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the respondents to conduct executive member election for the A-2478 Melur Velan Vilaiporul Kootturavu Virpanai Sangam, Melur, Madurai District by appointing a fair and unbiased election officer within a stipulated time that may be fixed by this Court.
For Petitioner : Mr.R.Rajamohan For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader O R D E R *********** [Order of the Court was made by K.K.SASIDHARAN, J.]
The petitioner filed this Writ Petition to direct the Election Officer to conduct the election to elect the board of Management in A-2478, Melur Velan Vilaiporul Kootturavu Virpanai Sangam, Melur, Madurai District.
https://hcservices.ecourts.gov.in/hcservices/ 2.The learned Special Government Pleader, on instructions, submitted that the election as scheduled earlier was cancelled, on
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account of certain irregularities and the Election Commission has now re-scheduled the election by proceedings dated 04 December, 2018. According to the learned Special Government Pleader, the election process commenced on 10 December, 2018 and the nomination given by the petitioner was accepted.
3.In view of the statement made by the learned Special Government Pleader, on the basis of the instructions given by the State Election Commission, nothing survives for further adjudication.
4.We direct the Election Officer to conduct the election in accordance with the schedule announced by the Election Commission. The entire process of election should be videographed, to avoid complaints in future. The Election Officer shall ensure that the election is conducted in a fair and transparent manner, without giving room for irregularities.
5.The Writ Petition is disposed of, with the above direction. Sd/ Assistant Registrar(CO) /True copy/
Sub Assistant Registrar(CS-III)
To
1.The Commissioner,
Tamil Nadu State Co-operative Election Commission, 273, Annasalai,
Teynampet, Chennai – 600 018.
2.The Joint Registrar for Co-operative Societies, Madurai Zone, Menaga Apartment, Lady Doak College Road, Madurai.
4.The Election Officer,
A-2478, Melur Velan Vilaiporul Kootturavu Virpanai Sangam, Melur, Madurai District.
+1cc to Mr.R.Rajamohan, Advocate, SR.No. 99968
+1cc to M/s.Special Government Pleader,SR.No. 100112
W.P.[MD]No.23814 of 2018 Dated: 12.12.2018
MR
https://hcservices.ecourts.gov.in/hcservices/ KK/BK/SAR-3/24.12.2018/2P-7C
1 issue framed by the court
Whether the Writ Petition survives for adjudication given the re-scheduling of the election by the Election Commission.
S.P.Kannan
The Commissioner, Tamil Nadu State Co-operative Election Commission
The Joint Registrar for Co-operative Societies, Madurai Zone
The Circle Deputy Registrar for Co-operative Societies, Madurai Circle
The Election Officer, A-2478 Melur Velan Vilaiporul Kootturavu Virpanai Sangam
K.K.Sasidharan
P.D.Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
