E. ARUNAGIRI Vs. COMMISSIONER, TAMIL NADU CO

JUDGEMENT

(1.) This writ petition has been filed seeking a direction to the respondents to ensure free and fair election to the Board of Directors of the fourth respondent Society, such as, availability of nomination of forms for all the eligible and deserving candidates, scrutiny of the nomination forms, police protection, voting by eligible and deserving members with proper identification and Videography of the entire election process and consequently to appoint an Election Observer in the place of or in addition to Returning Officer for the ensuing election for the G.2275, Padalam Primary Agricultural Co-operative Society, Padalam, Madhuranthagam Taluk, Kancheepuram District on 09.04.2018 and conduct the election in a fair and proper manner and in accordance with law.

(2.) Learned counsel for the petitioner would submit that as per notification, the filing of nomination forms is fixed today i.e. on 09.04.2018 from 10.00 a.m. to 05.00 p.m. in the building of the fourth respondent society and the scrutiny of the nomination forms is also going to be made on 10.04.2018 from 11.00 a.m. to 04.00 p.m. He would further submit that the publication of eligible candidates will be on 10.04.2018 at 05.00 p.m. and the withdrawal of nomination will be on 11.04.2018 from 10.00 a.m. to 4.00 p.m. and the publication of final list of contesting candidates will be on 11.04.2018 itself at 05.00 p.m. and in case of any contest, the polling will be held on 16.04.2018 from 8.00 a.m. to 5.00 p.m. and counting of votes and declaration of results are scheduled on 17.04.2018 from 10.00 a.m. onwards. Learned counsel for the petitioner submitted that although the notification mentions the dates and events, in reality, the respondents have not issued any nomination form to the eligible and deserving candidates who are willing and prepared to contest the election and they are being prevented from entering into the place where the nomination forms are distributed.

(3.) Learned counsel for the petitioner would further submit that the members have demanded nomination forms, but the Returning Officer without any reason has refused to issue nomination forms to the members and rejected the nominations filed by the contestants illegally at the eleventh hour. Anticipating some game plan in the fourth respondent co-operative society, the petitioner has given a representation on 30.03.2018 to the Tamil Nadu Co-operative Societies Election Commissioner with the following prayers: