Madras High Court
A.Chelladurai vs The State Tamil Nadu Co-Operative ... on 15 February, 2019
Author: N.Kirubakaran
Bench: N.Kirubakaran, S.S.Sundar
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 15.02.2019
CORAM:
THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN
AND
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
W.P(MD)NOs.3421 and 2721 OF 2019
and
W.M.P(MD)Nos.2689,2690, 2068 and 2069 of 2019
W.P(MD)NO.3421 OF 2019
A.Chelladurai :Petitioner
.vs.
1.The State Tamil Nadu Co-operative Societies
Election Commissioner,
No.273, Kamadenu Supermarket,
Anna Salai, Teynampet,
Chennai – 600 018.
2.The District Election Officer/Deputy Registrar
of Co-operative Societies,
Pudukkottai Circle,
Pudukkottai.
3.The Election Officer,
YP 611, Annavasal panchayat Union Employees
and Teachers Thrift and Credit Societies,
Anna Vasal, Illuppur Taluk,
Pudukkottai District. : Respondents
W.P(MD)NO.2721 OF 2019
1.A.Chelladurai
2.P.Anandakumar
3.C.Alagarsamy,
4.M.Saravanan
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5.S.Amstrang Napoleon
6.C.Kannan
7.R.Neelavathi
8.R.Rajeshwari
9.M.Tamilselvi :Petitioners
/vs/
1.The State Tamil Nadu Co-operative Societies
Election Commissioner,
No.273, Kamadenu Supermarket,
Anna Salai, Teynampet,
Chennai – 600 018.
2.The District Election Officer/Deputy Registrar
of Co-operative Societies,
Pudukkottai Circle,
Pudukkottai.
3.The Election Officer,
YP 611, Annavasal panchayat Union Employees
and Teachers Thrift and Credit Societies,
Anna Vasal, Illuppur Taluk,
Pudukkottai District.
4.V.Nagarajan :Respondents
PRAYER in W.P(MD)No.3421 of 2019: Writ Petition filed under
Article 226 of the Constitution of India, praying this Court to issue
a Writ of Certiorari to call for the records of the impugned
notification No.Nil, dated 7.2.2019 issued by the second
respondent and to quash the same as illegal.
PRAYER in W.P(MD)No.2721 of 2019: Writ Petition filed under
Article 226 of the Constitution of India, praying this Court to issue
a Writ of Certiorarifioed Mandamus calling for the records of the
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impugned order passed by the first respondent in Na.Ka.
1831/2018/Ku.The.2, dated 7.6.2018 and to quash the same as
illegal and consequently to direct the respondents 1 to 3 to
scrutinize all the nominations filed by 35 candidates afresh and
conduct a free and fair election as per the order dated 3.11.2018
passed by the Honourable Committee on Cooperative Election
Cases, East Central Zone, Tiruchirappalli.
For Petitioner/s :Mr.C.Arul Vadivel Sekar
in both cases
For Respondent-1 :Mr.B.Saravanan
in both cases
For Respondents :Mr.A.K.Baskarapandian,
2 and 3 Special Govt.Pleader
in both cases
COMMON ORDER
************* [Order of the Court was made by S.S.SUNDAR.,J.] W.P(MD)No.2721 of 2019 was filed challenging the order passed by the Honourable Committee on Co-operative Election Cases, East Central Zone, Tiruchirappalli on 3.11.2018. Similarly W.P(MD)No.3421 of 2019 has been filed to quash the election notification, dated 7.2.2019 issued by the second respondent,pursuant to the cancellation of election on 7.6.2018 and the order of the Honourable Committee on Cooperative Election Cases, East Central Zone, Tiruchirappalli. http://www.judis.nic.in 4
2.The brief facts that are necessary for the disposal of both Writ Petitions are as follows:
It is stated that 35 nominations were received by the third respondent on 9.4.2018 for electing the office bearers of YP 611, Annavasal panchayat Union Employees and Teachers Thrift and Credit Society, Anna Vasal, Illuppur Taluk, Pudukkottai District, pursuant to the election notification, dated 23.3.2018. Like many other cases, the third respondent published only the list of 11 candidates after rejecting 24 nominations. However, the third respondent did not declare the result of the election in view of the interim order of Honourable Supreme Court of India. In the meantime, some of the members whose nominations were rejected, filed W.P(MD)Nos.10621 and 10622 of 2013 for issuance of a Writ of Mandamus to direct the third respondent to scrutinize the nomination of eligible candidates and to conduct the election in accordance with law. Those Writ Petitions were disposed along with other batch, referring the dispute to the Committee constituted by the Honourable Division Bench of this Court. However, the State Election Commissioner by order, dated 7.6.2018 cancelled the election notification and directed the election commission to conduct fresh election. The dispute raised in the above two Writ Petitions regarding the illegal rejection of their http://www.judis.nic.in 5 nominations were also taken up by the Honourable Committee on Co-operative Election Cases, East Central Zone, Tiruchirappalli. By order, dated 3.11.2018, taking into account the fact that the Election Commissioner by order, dated 7.6.2018 had already set aside the entire election process in respect of the co-operative society, directed the Election Commission to conduct the election in a fair and free manner with appropriate police protection. However, the merits of the individual cases were not considered by the Committee.
3.The common grievance of the Writ Petitioners is that the Election Commission has not heard the Petitioners and other elected candidates before cancelling the election that was originally conducted. It is also submitted that the Honourable Committee on Cooperative Election Cases, East Central Zone, Tiruchirappalli without considering the plea of the petitioners or considering the merits of the objections raised by the individuals challenging the previous election, passed an order approving the decision of the Election Commissioner setting aside the election process by order dated 7.6.2018.
4.Though the Petitioner in W.P(MD)No.2721 of 2019 and the first Petitioner in W.P(MD)No.3421 of 2019 submitted before the http://www.judis.nic.in 6 Honourable Committee on Co-operative Election Cases, East Central Zone, Tiruchirappalli that the election process was held in accordance with law, the Committee has observed that the issue raised by the Petitioner is beyond their jurisdiction, however, liberty was given to take up the matter before the appropriate forum.
5.Having regard to the nature of dispute now raised by the learned counsel for the Petitioners and it is admitted that the Election Commissioner passed the order on 7.6.2018 without an enquiry, the learned counsel for the Election Commission/first respondent submitted that the Honourable Committee on Co- operative Election Cases, East Central Zone, Tiruchirappalli may be directed to consider the Petitioners' objections and grievances of other Petitioners in Petition Nos.51 to 53 of 2018 on merits, after giving opportunity to both sides. Therefore, in the facts and circumstances stated above, this Court is inclined to pass the following order:
1.The impugned order passed by the first respondent, dated 7.6.2018 which is the subject-matter in W.P(MD)No.2721 of 2019 and the impugned notification of the second respondent, dated 7.2.2019 which is the subject-matter in W.P(MD)No.3421 of 2019 http://www.judis.nic.in 7 are set aside.
2.The Honourable Committee on Cooperative Election Cases, East Central Zone, Tiruchirappalli is directed to consider the Petitions that were entertained earlier by the above Committee in Petition Nos.51,52,53 and 154 of 2018 and dispose of the same on merits after affording sufficient opportunity to all the Petitioners concerned.
3.If there is any irregularity or illegality found by the above Committee, it is open to the Committee to pass appropriate orders ensuring a fair,free and transparent election.
6.With the above directions, these Writ Petitions are disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
[N.K.K.,J.] & [S.S.S.R.,J.] 15.02.2019 Index:Yes/No Internet:Yes/No vsn http://www.judis.nic.in 8 To
1.The State Tamil Nadu Co-operative Societies Election Commissioner, No.273, Kamadenu Supermarket, Anna Salai, Teynampet, Chennai – 600 018.
2.The District Election Officer/Deputy Registrar of Co-operative Societies, Pudukkottai Circle, Pudukkottai.
3.The Election Officer, YP 611, Annavasal panchayat Union Employees and Teachers Thrift and Credit Societies, Anna Vasal, Illuppur Taluk, Pudukkottai District.
http://www.judis.nic.in 9 N.KIRUBAKARAN, J.
AND S.S.SUNDAR, J.
vsn COMMON 0RDER MADE IN W.P(MD)NOs.3421 and 2721 OF 2019 and W.M.P(MD)Nos.2689,2690, 2068 and 2069 of 2019 15.02.2019 http://www.judis.nic.in