IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 16.06.2017 CORAM:
THE HON'BLE MR.JUSTICE K.K.SASIDHARAN AND THE HON'BLE MR.JUSTICE M.V.MURALIDARAN W.A.Nos.1506, 1507 and 1508 of 2010 and M.P.Nos.1 and 1 of 2013 1.C.Govindasamy 2.M.Balusamy 3.S.Chandrika 4.P.Ponmani 5.M.S.Velliangiri 6.S.Duraisamy 7.S.C.Muthusamy Gounder 8.S.Saraswathi 9.P.Padmavathi 10.R.Chinnasamy 11.P.Muthan ...Appellant in WA.No.1506 of 2013 M.Balusamy ...Appellant in WA.No.1507 of 2013 C.Sathyanathan ...Appellant in WA.No.1508 of 2013 vs.
1. The Election Commissioner Co-operative Societies Election, Teynampet Chennai - 18.02.2017
2. The District Election Officer/ Deputy Registrar of Co-operative Societies Dharapuram Circle, Tiruppur District.
3. The Election Officer AA.220, Kangayam Primary Agricultural Co-operative Credit Society, Kangayam Tiruppur District. ...Respondents 1 to 3 in all the Writ Appeals
4. P.Geethamani 5.Vanithamani 6.Visalakshi 7.M.Raju 8.S.Valarmathi 9.A.S.Balasubramaniam 10.A.P.Duraisamy 11.P.Karuppasamy 12.M.Palaisamy 13.A.Ragunathan 14.M.Tamilvanan ..Respondents 4 to 14 in WA.No.1506 of 2013 Prayer: Writ Appeals filed Under Clause 15 of the Letters Patents Act, to set aside the order passed by this Hon'ble Court made in W.P.Nos.14139, 13736 and 10744 of 2013 respectively, dated 06.06.2013 by allowing this Writ Appeals For Appellants : No appearance (in all WAs) For Respondents : Mr.M.S.Palanisamy for R1 in all WAs Ms.T.Girija for R2 and R3 Government Advocate in all WAs Mr.C.K.Chandrasekar for R10 in W.A.No.1506 of 2013
C O M M O N J U D G M E N T
K.K. SASIDHARAN,J.
These writ appeals are directed against the common order dated 6 June, 2013, dismissing the writ petitions filed by the petitioners challenging the election of the office bearers of AA.220, Kangayam Primary Agricultural Cooperative Credit Society, Kangayam, Tiruppur District.
2. The appellants are the members of the Society by name AA.220 Kangayam Primary Agricultural Co-operative Credit Society. The election to elect the office bearers of the Society was scheduled to be held on 19 April, 2013. Since there was no contest, Board of Directors were elected on 16 April 2013. The members elected the President and Vice President on 9 May 2013.
3. The election of the office bearers and thereafter, the President and Vice President were challenged by the members of the society.
4. The learned single Judge found that the Elected Board took charge on 9 May 2013 and as such, nothing survives for adjudication in the writ petitions. The learned Judge opined that remedy available to the appellants herein is only to approach the appropriate forum challenging the election to the society in accordance with law.
5. We do not find any error or illegality in the order passed by the learned Single Judge. There is a forum Constituted under the Act for challenging the election. There is no question of adjudicating the dispute regarding election in a writ petition filed under Article 226 of the Constitution of India. We are therefore of the view that there is absolutely no merits in the intra court appeals.
6. In the up shot, we dismiss the intra court appeals. No costs.
Consequently, connected miscellaneous petitions are closed.
dna/svki (K.K.SASIDHARAN.,J.) (M.V.MURALIDARAN.,J.) 16 June 2017 To
1. The Election Commissioner Co-operative Societies Election, Teynampet Chennai - 18.02.2017
2. The District Election Officer/ Deputy Registrar of Co-operative Societies Dharapuram Circle, Tiruppur District.
3. The Election Officer AA.220, Primary Agricultural Co-operative Credit Society, Kangayam Tiruppur District.
K.K.SASIDHARAN,J.
and M.V.MURALIDARAN,J.
dna W.A.Nos.1506, 1507 and 1508 of 2013 16.06.2017 http://www.judis.nic.in