P.SENTHILMURUGAN Vs. TAMIL NADU STATE CO-OPERATIVE ELECTION COMMISSION
LAWS(MAD)-2019-7-366
HIGH COURT OF MADRAS
Decided on July 15,2019

P.Senthilmurugan Appellant
VERSUS
Tamil Nadu State Co-Operative Election Commission Respondents

JUDGEMENT

K.RAVICHANDRABAABU - (1.) This writ petition is filed challenging the election notification of the first respondent, dated 19.02.2019 and the election notice, dated 20.02.2019 of the third respondent, pertaining to the conduct of election to the Office Bearers of the DD487 Dindigul District Consumer's Co-operative wholesale store, with a consequential direction to the respondents to issue proper notification in compliance with Rule 52(5)(a) and 52(6)(b) of the Tamil Nadu Co-operative Societies Rules, 1988, and also by publishing the voters lists of individual members eligible to vote and contest.
(2.) Heard both sides.
(3.) The learned counsel for the petitioner vehemently contended that without completing the first and second phases of election for all the Societies, the third phase of election to the District Co-operative Societies, cannot be permitted to be conducted, as it affects the right of particular Society to participate in the election in the third phase by exercising its vote or to stand for any post. He relied on Rule 51-A of the Tamil Nadu Co-operative Societies Rules, 1988, and would contend that every Primary Society are entitled to vote or stand for any election to the Society and therefore, without conducting election to the Primary Societies, the election to the District Co-operative Societies, cannot be conducted. The learned counsel further submitted that in effect, the impugned notification was issued in clear violation of statutory provisions.;


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