S. S. Prabbu, Apex Tapiaco Products, Salem v. State Election Commissioner for Co-operative Societies, Chennai
2013-06-18
D.HARIPARANTHAMAN
body2013
DigiLaw.ai
JUDGMENT 1. Already, election to the 5th respondent society was over long back on 16.4.2013. The Office Bearers assumed office on 9.5.2013. In the meantime, the petitioner has filed W.P.No.12323 of 2013, seeking for a direction to hold an enquiry on his complaint, dated 20.4.2013 under Section 182 of the Tamil Nadu Co-operative Societies Act and Rules 52(23) of the Rules made thereunder. 2. The writ petition in W.P.No.12323 of 2013 was disposed of on 29.4.2013, directing the first respondent to pass orders on the complaint within a period of three weeks. The first respondent has now passed the impugned order, dated 31.5.2013 stating that the remedy of the petitioner that is made in the complaint questioning the election, lies under Section 90 of the Tamil Nadu Cooperative Societies Act. This writ petition is against the aforesaid order. 3. Heard the learned counsel for the petitioner and the learned counsels for the respondents. 4. I do not find any infirmity in the impugned order as the first respondent has correctly held that the issue that is raised in the complaint, dated 20.4.2013 could be decided by the Election Tribunal under Section 90 of the Tamil Nadu Cooperative Societies Act. The learned counsel for the respondents has stated that the First Bench of this court in W.A.No.902 of 2013, dated 30.4.2013 has held that once election is over, proper remedy is by filing an election petition before the appropriate forum and the jurisdiction of this Court under Article 226 of the Constitution cannot be invoked. Hence the writ petition fails and the same is dismissed. No costs. Consequently, connected miscellaneous petition is closed.