Three writ petitions challenging a co-operative society election were dismissed as the election concluded and the Board assumed office. The Court held Article 226 was not appropriate and granted liberty to challenge under Section 90.
Liberty granted to file a petition under Section 90 of the Tamil Nadu Co-operative Societies Act.
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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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2019
CORAM :
THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN
WRIT PETITION Nos.28536, 27125 & 34204 of 2018 and W.M.P.Nos.33278, 31530, 33734 & 39735 of 2018
In W.P.No.28536 of 2018
G.K.Ezhil .. Petitioner
Vs.
Redhills, Chennai – 600 052. ..Respondents
Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Declaration, declaring the process of Election Schedule of N.G. 1254, Saidapet Taluk Agricultural Producers Cooperative Marketing Societies Limited of the Respondents under Rule
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52(5) of the Tamil Nadu Co-operative Societies Rule, 1988 is illegal, void and not free, fair and transparent and to direct the Respondents to conduct afresh Election Schedule of the said Societies in accordance with Tamil Nadu Co-Operative Societies Act, 1983 and Tamil Nadu Cooperative Societies Rules , 1988 in free, fair and transparent within a time to be fixed by this Court.
In W.P.No.27125 of 2018 R.Soundarajan .. Petitioner Vs. 1.The Commissioner, The Tamil Nadu State Co-operative Societies Election Commission, No.273, Kamdhenu Building, Teynampet, Chennai – 600 018. 2.The Election Officer, G-1254, Saidapet Agricultural Co-operative Tradesmen Society, Chenkundram, Chennai – 600 052. 3.G-1254, Saidapet Agricultural Co-operative Marketing Society, Rep. By its Secretary, Chenkundram, Chennai – 600 052. ..Respondents Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first and second respondents to include the name of the petitioner in the final valid voters list, for the election in the G-1254, Saidapet Agricultural Cooperative Marketing Society, Chenkundram, Chennai – 600 052, by
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considering the representations dated 09.10.2018, made by the petitioner to the first and second respondents.
In W.P.No.34204 of 2018
R.Munuswamy .. Petitioner
Vs.
1.The Election commissioner,
Tamil Nadu State Co-operative Societies,
No.273, Kamdhenu Supermarket, I Floor,
Anna Salai, Chennai – 600 018.
2.The District Election Officer (Co-operative Societies),
Tiruvallur Region, Tiruvallur – 602 001.
3.The Election Officer,
N.G. 1254, Saidapet Taluk, Agricultural Producers
- Cooperative Marketing Societies Limited,
Redhills, Chennai – 600 052. ..Respondents
Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondent in particular the 3rd respondent to conduct the recounting of votes which was held on 15.12.2018.
For Petitioner in W.P.No.28536 of 2018 : Mrs.L.Sasireka For Petitioner in W.P.No.27125 of 2018 : Mr.P.Raja For Petitioner in W.P.No.34204 of 2018 : Mr.G.Nagarajan
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For Respondent 1 in all WPs. : Mr.M.S.Palaniswamy, Standing Counsel
For Respondents 2 & 3 in W.P.Nos.28536 & 34204 of 2018 : Mr.L.P.Shanmugasundaram, Special Government Pleader
For Respondents 2 & 3 in W.P.No.27125 of 2018 : Mr.Vijaynarayan Advocate General assisted by Mr.L.P.Shanmugasundaram, Special Government Pleader
C O M M O N O R D E R
Writ petitions have been filed (i) challenging the election for the Board of Directors of the 3rd respondent - Agricultural Producers Cooperative Marketing Societies Limited, (ii) to include the name of the petitioner in the final valid voters list and (iii) to conduct the recounting of votes which was held on 15.12.2018.
2.The learned counsel for the respondent filed a counter affidavit stating that now the election for Board of Directors and Office bearers have been conducted and results have also been declared. Further, the elected Board of Directors and Office bearers were assumed the office immediately after declaration of results.
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3.Considering the above facts and circumstances and the election for Board of Directors and Office bearers is also over, further, the elected persons have assumed the office, now, the only remedy available to the petitioner is to challenge the election by filing a petition under Section 90 of the Tamil Nadu Co-operative Societies Act and all the issued raised in these writ petitions cannot be considered at
this stage.
4.Under these circumstances, all the writ petitions are dismissed, however, liberty is granted to the writ petitioners to challenge the election by filing a petition under Section 90 of the Tamil Nadu Co-operative Societies Act, before the appropriate authorities. Consequently, connected miscellaneous petitions are closed. No costs.
03.01.2019
Jer Note: Issue order copy on 23.01.2019
Index : Yes/No Internet : Yes/No Speaking order/Non Speaking order
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V.BHARATHIDASAN, J
Jer
WRIT PETITION Nos.28536, 27125 & 34204 of 2018
and
W.M.P.Nos.33278, 31530, 33734 & 39735 of 2018
03.01.2019
2 issues framed by the court
Whether the writ petitions challenging the election process, voter list exclusion, and vote recount should be decided as the election was already concluded.
Whether the petitioner is entitled to an alternative remedy by filing a petition under Section 90 of the Tamil Nadu Co-operative Societies Act.
3 provisions across 3 enactments
G.K.Ezhil
R.Soundarajan
R.Munuswamy
The Election Commissioner, Tamil Nadu State Co-operative Societies
V Bharithidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
