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1999 Supreme(Mad) 67

S.S.SUBRAMANI
S. M. Thangavel – Appellant
Versus
The Joint Registrar of Co-operative Societies, Erode – Respondent


Advocates Appeared:
For the Petitioner:S. Venkateswaran, Advocate.
For the Respondents:N.K. Hidayathullah, Additional Government Pleader, D. Krishnakumar, Advocate.

Judgment

1. Petitioner seeks issuance of writ of certiorari or any other writ direction or order calling for records of first respondent in his proceedings in Na Ka 4081/97/D4, dated 30.6.1997 and quash the same and pass such further orders.

2. Election to the Board of Directors of T.P.Spl.56, V.Nachipalayam Primary Agricultural Cooperative Bank, Vellakoil, Village,Kangeyam was conducted on 11.9.1996. Out of 20 eligible candidates 7 were to be elected. Petitioner and second respondent secured equal number of votes, i.e., 411 votes at 7th place. Since both of them secured equal number of votes, election officer had to draw a lot under Sub-Rule (16) to Rule 52 of Tamil Nadu Co-operative Societies Rules, 1988. Petitioner succeeded in drawing of lot and was declared as successful candidate.

3. Second respondent challenged the election under Sec.90 of Tamil Nadu Co-operative Societies Act before Deputy Registrar of Co-operative Societies. Deputy Registrar entertained the said petition and in the presence of petitioner, second respondent and other elected officers further recounting was done. Even at that time it was found that both petitioner as well as second respondent had obtained eq






























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