S.KRISHNAKUMAR, PRESIDENT, ARALVAIMOZHI PRIMARY Vs. S.MURUGESAN

JUDGEMENT

(1.) The 4th respondent in WP(MD).No.7710 of 2020 has filed the present writ appeal challenging the order of the writ Court wherein he has been found to be disqualified to be a member of the Co-operative Credit Society.

(2.) The appellant herein is a member of Aralvaimozhi Primary Agriculture Co-operative Credit Society. He contested the election for Board of Director in Kanyakumari District Co-operative Union and got elected as President. Immediately, after declaration of results, one George Newton had filed WP(MD).No.20303 of 2019 challenging the final list of Elected Board of Directors of the Kanyakumari District Co-operative Union Limited primarily on the ground that the appellant herein is running a Private Finance Company in the name and style of 'M/s.Balaji Finance' which is in violation of the Co-operative Societies Act. This Court by an order dtd. 20/9/2019 held that once results have been declared, the Court cannot interdict to the process. However, granted liberty to the petitioner therein to approach the Chief Election Commissioner, Tamil Nadu State Co-operative Societies to ventilate his grievance. However, there are no records to show that the petitioner therein had approached the Chief Election Commissioner.

(3.) One S.Murugesan has given a representation to the 4th respondent herein on 24/6/2019 seeking to disqualify the appellant herein on similar grounds. Since the said representation was not considered, he had filed WP(MD).No.17084 of 2019. This Court by an order dtd. 24/1/2020 had directed the respondents to consider the representation of the petitioner herein and to pass orders in accordance with law.