MANU/TN/6186/2018

True Court CopyTM

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)

W.P.(MD) No. 21633 of 2018, W.M.P.(MD) Nos. 19539 and 19540 of 2018

Decided On: 16.10.2018

Appellants: D. Sathaiya Vs. Respondent: The Commissioner, Tamil Nadu Cooperative Societies Election Commission and Ors.

Hon'ble Judges/Coram:
S.S. Sundar and M.V. Muralidaran

ORDER

S.S. Sundar, J.

1. This writ petition is filed seeking issuance of a Writ of Certiorarified Mandamus to quash the impugned Election Plan Notification under dated 18.09.2018 passed the first respondent, insofar as the sixth respondent society is concerned and to direct the respondents to postpone the election of the sixth respondent society, till the finality of the Election dispute raised in respect of the seventh respondent society.

2. Heard the learned Counsel appearing for the petitioner and Mr. K. Chellapandian, learned Additional Advocate General, assisted by Mrs. S. Srimathy, learned Special Government Pleader, who takes notice for respondents 1 to 5 & 7.

3. The learned Counsel appearing for the petitioner submits the election to the sixth respondent society should be postponed till the election dispute in respect of the seventh respondent society is decided, in one way or the other. It is the case of the petitioner that the elected members of the seventh respondent society can also participate in the election to the sixth respondent society. Stating that this Court has granted stay of the election in respect of seventh respondent society, the writ petition is filed.

4. The learned Additional Advocate General appearing for the official respondents submits that similar issue has been decided by this Court in a connected writ petition in W.P.(MD) No. 20488 of 2018.

5. Be that as it may, when the process of election is set in motion, this Court normally will not interfere in the middle. In this case, the petitioner's contention that the election to the sixth respondent society should be stalled because of the stay that has been granted by this Court in respect of another society cannot be accepted, for the simple reason that the seventh respondent society exist even without an election. Hence, with the office bearers as on date, the election of the sixth respondent can go on. Even otherwise, if for any reason there was no election to the seventh respondent society, the administration of the sixth respondent society, in accordance with by-laws, cannot be stalled.

6. The writ petition is devoid of any merits and hence, the same is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

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