G. DHARMALINGAM Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) ELECTION Notification dated 04.03.2013 issued by the Joint Registrar of Co -operative Societies (Dairy Development), Madhavaram, Chennai, is challenged under this Writ Petition.

(2.) A detailed counter affidavit has been filed by the District Election Officer -cum - Deputy Registrar, (Dairy Development), Kancheepuram.

(3.) THE issue raised in this Writ Petition is no more res integra. In similar matters, after referring to the decisions in Manda Jaganath v. K.S. Rathanam reported in (2004) 7 SCC 492 and Ramesh Rout v. Rabindra Nath Rout reported in (2012) 1 SCC 762, the Hon 'ble First Bench of this Court in W.A. No. 902 of 2013, dated 30.04.2013 and W.A.No. 1282 of 2013, dated 17.06.2013, has held that once the election process has commenced, the remedy open to the aggrieved person is only to invoke the jurisdiction of the concerned Electoral Tribunal. While rejecting the contention of the appellant therein in W.A.No.1282 of 2013 dated 17.6.2013 (R.Murali Mohan vs. The Cooperative Election Commissioner, No.273, Anna Salai, Nadanam, Chennai - 600018 and 5 others), liberty has been granted by the Hon 'ble First Bench of this Court, to invoke the provisions of Section 90 of the Tamil Nadu Co -operative Societies Act, 1983 to file an election petition. Paragraph Nos.8 and 9 of the said judgment reads as follows: -