Petitioner sought direction to conduct elections to a Co-operative Society Board after prior elections were stopped due to law and order. Court directed a fresh election schedule within two weeks.
Directed 1st respondent to issue fresh election schedule within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2019
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
W.P.No.26451 of 2018 and
WMP.No.30731 of 2018
P.Subramani ... Petitioner
Vs.
1.The Election Commissioner, The Tamil Nadu State Co-operative Societies Election Commission, 1st Floor, Kamadhenu Super Market, No.273, Anna Salai, Teynampet, Chennai-600 018.
2.The Deputy Registrar of Co-operative Societies (Milk Development/District Election Officer) Thiruvallur District, Thiruvallur.
4.X-37, Kancheepuram – Thiruvallur District, Milk Producers Co-operative Union, Represented by its Secretary,
Ayanapuram, Chennai-600 023. ... Respondents
PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the respondents 1 to 3 to consider the representation of the petitioner dated 28.09.2018 and conduct elections to Thirukazhukundram Milk Producers Co-operative Sangam Limited, G- 1549, and other major Member Societies numbering 20 in Kancheepuram District before conducting elections to the Board of Directors of the 4th respondent union.
For Petitioner : Mr.M.Ramamoorthy
For Respondents : Mr.M.S.Palaniswamy for R-1
Standing Counsel for R1
Tamil Nadu State
Co-operative Societies Election Commission
Mr.L.P.Shanmugasundaram Special Government Pleader for R2 to R4
Mr.G.Vijayababu for R-5
O R D E R
This writ petition has been filed seeking a direction to the respondents 1 to 3 to conduct election to the Board of Directors of the 4th respondent Society.
2.The grievance of the petitioner is that, earlier the election was schedule to be held on 11.10.2018. On the date of poling, due to some violation during election, the election has been stopped, thereafer, the election was not conducted to the Society. Hence, the present writ petition.
3.Earlier, notice was ordered to the respondents. Today, when the matter came up for hearing, Mr.M.S.Palaniswamy, the learned counsel appearing for the first respondent submitted that the election has been stopped due to law and order problem and now the Election Commissioner has proposed to conduct election to the Board of Directors of the 4th respondent Society.
4.Considering the above said circumstances, the first respondent is directed to issue afresh schedule for conducting election for the Board of Directors of the 4th respondent Society within a period of two weeks from the date of receipt of a copy of this order.
Sd/Assistant Registrar(CS-III)
//True copy//
Sub Assistant Registrar
rrg
To
1.The Election Commissioner,
The Tamil Nadu State Co-operative
Societies Election Commission,
No.273, Anna Salai, Teynampet,
Chennai-600 018.
2.The Deputy Registrar of Co-operative Societies
(Milk Development/District Election Officer)
Thiruvallur District,
Thiruvallur.
3.The Sub Registrar of Co-operative Societies
(Milk Development/District Election Officer)
O/o District Registrar(Milk Development)
Orikkai, Kancheepuram,
Kancheepuram District.
+1cc to Mr.L.P.Shanmugasundaram, Advocate SR.No.5722
+1cc to Mr.M.Ramamoorthi, Advocate SR.No.4802
W.P.No.26451 of 2018
BR(CO)
GMY(06/03/2019)
1 issue framed by the court
Whether the petitioners are entitled to a direction to conduct elections to the Board of Directors of the Society after a previous election was halted.
P.Subramani
The Election Commissioner, The Tamil Nadu State Co-operative Societies Election Commission
The Deputy Registrar of Co-operative Societies
The Sub Registrar of Co-operative Societies
X-37, Kancheepuram – Thiruvallur District, Milk Producers Co-operative Union
Bharchithasan, V.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
