D. Sathaiya Vs. The Commissioner, Tamil Nadu Cooperative Societies Election Commission and Ors. - (High Court of Madras) (16 Oct 2018)

Court normally will not interfere in the middle, when the process of election is set in motion

MANU/TN/6186/2018

Election

Present writ petition is filed seeking issuance of a Writ of Certiorarified Mandamus to quash the impugned Election Plan Notification under dated 18th September, 2018 passed by 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.

The learned Counsel appearing for the Petitioner submits that, 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.

When the process of election is set in motion, present Court normally will not interfere in the middle. In instant 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. The writ petition is dismissed.

Tags : ELECTION PROCESS STALL GRANT