K P VELU Vs. ELECTION COMMISSIONER, TAMIL NADU STATE CO-OPERATIVE SOCIETIES ELECTION COMMISSION, CHENNAI

JUDGEMENT

(1.) The petitioners are the candidates declared elected as the members of the Board, in the Co-operative Societies Election held on 07/04/2018 for the TPD 986, Kilkothur Milk Producers Co-operative Society, Kilkothur , Anaicut Taluk, Vellore District. Subsequently, they elected the first petitioner and third petitioner as the President and Vice-President respectively. While so, Mr.M.U.Sigamani one of candidate who lost the election gave a complaint dated 25/04/2018 alleging the ballot paper carried the name of one Annamalai (reserved candidate) who was already declared elected, 'unopposed'. This error has mislead the voters and ended in casting invalid votes. Based on this complaint, the first respondent cancelled the election vide his order Na.Ka.2696/2018/ku.they.2 dated 02/07/2018. A fresh notification dated 10/08/2018 was issued intimating re-polling on 16/08/2018.

(2.) In this writ petition, the order of the first respondent cancelling the election is challenged on the ground that, no enquiry was conducted before passing the orders impugned. The petitioners who were duly elected were not put to notice about the complaint and no opportunity was afforded to them to explain. The first respondent has no authority to partially cancel the election process and order re-poll nullifying the duly elected Board. By doing so, the democracy voice is muffed by the first respondent.

(3.) The second respondent, in his counter filed on his behalf and on behalf of the third respondent denying the averments made by the petitioners in their affidavit state that, on expiry of the tenure of the elected Board, on 05.03.2018 the Election Commission (first respondent) notified election for the co-operative societies in Tamil Nadu in phased manner.