S.P. NALLATHAMBI Vs. DISTRICT ELECTION OFFICER

JUDGEMENT

(1.) THE prayer in the writ petition is to quash the proceedings dated 22.08.2014 published in Dinathanthi dated 25.08.2014 insofar it relates to Serial No. 1 for conduct of the election.

(2.) THE only ground raised by the learned counsel for the petitioner is that as per Rule 52(6)(a) of the Tamil Nadu Co -operative Societies Rules, 1988 there should be clear thirty days notice between the Election Notification and the election date. However, in this case, as per the publication, the Notification was made on 22.08.2014 and the publication in the paper was made on 25.08.2014 for the nomination to be filed on 15.09.2014 and the election to be conducted on 19.09.2014. Therefore, the clear thirty days mentioned in the provision has not been fulfilled. Accordingly, he would pray for quashing the very proceedings.

(3.) LEARNED Special Government Pleader would further point out that insofar as Rule 52(6)(a) of the Tamil Nadu Co -operative Societies Rules, 1988 is concerned, notice of election shall be sent to only those members who were the members on roll, thirty days prior to the date of poll. Accordingly, he would submit that the respondent has adhered to the aforesaid rules as contained in the provision and that the petitioner cannot have any grievance. Hence, he would pray for the dismissal of the writ petition.