Madras High Court
N.R.Chandrasekaran vs The Joint Registrar Of Co-Operative ... on 5 July, 2018
Author: T.Raja
Bench: T.Raja
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 05.07.2018 CORAM THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.16662 of 2018 N.R.Chandrasekaran .. Petitioner Vs. 1.The Joint Registrar of Co-operative Societies, Erode Region, Erode, Erode District. 2.The District Election Officer/ The Deputy Registrar of Co-operative Societies, Gobi Circle, Gobi 638 452. 3.The Election Officer, No.3324, Nerunjipettai Primary Agricultural Co-operative Credit Society Limited, Nerunjipettai Post, Erode District. 4.The Management of No.3324, Nerunjipettai Primary Agricultural Co-operative Credit Society Limited, Nerunjipettai Post, Erode District. .. Respondents Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of certiorarified Mandamus, calling for the records relating to the order passed in Na.Ka.1687/2018/Saba (2) dated 10.05.2018 on the file of the 2nd respondent, quash the same and direct the respondents to furnish the order of rejection of the petitioner's nomination dated 09.04.2018 on the file of the 3rd respondent. For Petitioner : Mr.V.Elangovan For Respondents : Mr.L.P.Shanmugasundaram, Special Government Pleader O R D E R
The learned counsel appearing for the petitioner submitted that the petitioner is a member of the 4th respondent. The election notification was issued inviting nominations for the post of Director in the 4th respondent Society. The petitioner has also filed his nomination on 09.04.2018 and the same was also received by the 3rd respondent. However, without properly scrutinizing the nomination and even without assigning any reason, has rejected the nomination. As a result of this, the petitioner is unable to question the correctness of the rejection. The bona fide request of the petitioner is that the 3rd respondent, while rejecting his nomination, should have assigned proper reason and a copy of the rejection order should also have been furnished to him.
2.At this stage, Mr.L.P.Shanmugasundaram, learned Special Government Pleader taking notice for the respondents submitted that the 3rd respondent should have assigned reason for the rejection of the petitioner's nomination and a copy thereof also should be furnished to the petitioner.
3.In view of the submission made by the learned Special Government Pleader, the 3rd respondent is hereby directed to assign reasons for the rejection of the nomination and also furnish a copy of the rejection order to the petitioner within a period of one week from the date of receipt of a copy of this order.
4.With this direction, the Writ Petition is disposed of. No costs.
Index : Yes/No 05.07.2018
Note: Issue order copy on 09.07.2018.
va
To
1.The Joint Registrar of Co-operative Societies,
Erode Region, Erode, Erode District.
2.The District Election Officer/
The Deputy Registrar of Co-operative Societies,
Gobi Circle, Gobi 638 452.
3.The Election Officer,
No.3324, Nerunjipettai Primary Agricultural
Co-operative Credit Society Limited,
Nerunjipettai Post, Erode District.
4.The Management of No.3324, Nerunjipettai
Primary Agricultural Co-operative
Credit Society Limited,
Nerunjipettai Post, Erode District.
T.RAJA, J.
va
W.P.No.16662 of 2018
05.07.2018