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TMI Blog2018 (9) TMI 2148X X X X Extracts X X X X X X X X Extracts X X X X ..... y in accordance with the bye-laws of the third respondent Society, Multi-State Co-operative Societies Act, 2002 and the Rules framed thereunder - HELD THAT:- Mr. V. Sivasubramanian, Retired District Judge, No. 1/349, Judges Avenue, Y. Pudupatti, Arumbanoor Post, Madurai - 625 104 [Mobile No. 94430 15316] appointed as Observer. The initial remuneration for the Observer is fixed as Rs. 1,50,000/- (Rupees One Lakh and Fifty Thousand only) and the same be paid by the third respondent Society within a week. Both the Observer and the fourth respondent - Returning Officer are hereby directed to ensure that all the voters are carrying their share certificates along with the identity cards issued by the Railway Department. The petitioners shall also ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice dated 20.08.2018, issued by the fourth respondent on behalf of the third respondent Society and quash the same, on the ground that the final voters list is carrying the names of dead persons and without scrutinising the proper names of the voters, the impugned election notice has been issued hurriedly and therefore, the impugned notice is liable to be quashed as it would not pave way for a free and fair election. 4. By consent, these writ petitions are taken up final disposal. 5. Mr.Veera Kathiravan, learned Senior Counsel appearing for the petitioners in Writ Petition(MD)Nos. 19116 and 19875 of 2018 and Mr. VR. Shanmuganathan, learned Counsel for the petitioner in Writ Petition(MD)No. 19881 of 2018, assailing the impugned election ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with any proper identity card issued by the Railway Department. If any voter is permitted to enter into the polling station carrying only the share certificate, that would only pave way for various irregularities and that might vitiate the entire free and fair election. Therefore, if the fourth respondent is replaced with suitable Returning Officer, there will not be any prejudice to anyone. 7. Adopting the same arguments and demonstrating further allegation that the final voters list has been issued containing the names of various dead persons also, Mr. VR. Shanmuganathan, learned Counsel for the petitioner in Writ Petition(MD) No. 19881 of 2018, submitted that when the members, namely, G. Santhanam and M. Murugesan died and their death ce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aimants to declare the same as illegal and null and void. Therefore, the appointment of Padmashri Mr. V. Baskaran as Returning Officer cannot be found fault with. Yet another finding given by the learned Sole Arbitrator shows that the documents produced on the side of the 2nd Respondent Society above referred to would show that the then existing Board of Directors, as per 20(1)(a), conducted meeting and decided to conduct RGB meeting and election to successor board and its Officer bearers between 01.02.2013 and 03.02.2013 at WUS Centre, Chetpet and it has been clearly held that the Returning Officer complied with the formalities with regard to communication and display of election meeting notice and election programme. When there is a clear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elections are to be held between 01.10.2018 and 09.10.2018, the present writ petitions filed after the half of the election process was over, clearly shows that the petitioners are not interested in holding a free and fair election. Therefore, without interfering with the election process, all the writ petitions are liable to be dismissed. 11. Further, Mr. C.K. Chandrasekaran, learned Counsel for the third respondent in Writ Petition(MD)No. 19875 of 2018, replying to the arguments advanced by the learned Senior Counsel as well as the learned Counsel for petitioners in all the writ petitions, submitted that the condition mentioned in the impugned election notice calling upon the voters to enter into the polling station with share certificate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... partment. The petitioners shall also issue a fresh list of dead persons within two days from today. On receipt of the same, the fourth respondent - Returning Officer shall release a corrigendum to the final voters list. The fourth respondent and the Observer can decide whether they require to go for videographing the entire polling and also as to the police protection by sufficient personnel from the Railway Protection Force, if necessary. The third respondent Society will provide suitable staff including attenders, accommodation and vehicles to the Observer, as required by him. 15. With these observations and directions, all the writ petitions are disposed of. No costs. Consequently, all the connected writ miscellaneous petitions are close ..... X X X X Extracts X X X X X X X X Extracts X X X X
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