S.MAHARAJAN Vs. STATE ELECTION COMMISSIONER

JUDGEMENT

(1.) The petitioners have filed the above writ petitions, to issue writs of Certioarified Mandamus, calling for the records pertaining to the impugned notification dtd. 27/7/2021, issued by the first respondent, in respect of fourth respondent Society and quash the same and consequently forbearing the respondents from in any way proceedings with the election process until the election of 20 Co operative Societies is completed and office bearers are elected in so far as the Cooperative Societies is completed and Office Bearers are elected in so far as the co operative Societies of the fourth respondent union is concerned.

(2.) The petitioners are challenging the election notification dtd. 27/7/2021 in these writ petitions. After the issuance of the election notification, election process had been commenced, from the date of notification ie., on 27/7/2021. When the Honourable Supreme Court of India and this Court had repeatedly told that once the election process had been commenced, the same cannot be interfered with by the Courts. The remedy open to the aggrieved party is only to file an election petition before the Election Tribunal.

(3.) In the case on hand, since the election process had already been commenced on 27/7/2021 and that according to the learned Standing Counsel for the Government, appearing for the respondents 2 to 5, today (ie., 16/8/2021) is the last date for submission of nomination papers by the candidates. Further, the learned Standing Counsel for the Government submitted that the scrutiny would be completed tomorrow and the election is scheduled to be held on 28/8/2021.