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2021 Supreme(Online)(MAD) 35608

HIGH COURT OF MADRAS
Hon`ble Mrs Justice PUSHPA SATHYANARAYANA
G.K.EZHIL – Appellant
Versus
THE STATE ELECTION COMMISSIO – Respondent


JUDGMENT

(Delivered by Pushpa Sathyanarayana.J., )

This Writ Appeal is directed against the order of the learned Single Judge made in W.P.No.21269 of 2019 dated 01.09.2020.

2.The appellant/writ petitioner has filed the Writ Petition in W.P.No.21269 of 2019, challenging the impugned order passed by the 3rd respondent in Dispute No.81/2019/Sa.Pa dated 25.06.2019.

3.The learned Single Judge, who heard the writ petitioner, found that the petitioner has alleged that the entire election was vitiated due to the violation of Rule 52(5)(1)(A)(1) and Rule 52(5)(11)(A)(1) of the Tamil Nadu Co-operative Socities Rules. It appears that the objection was raised by the writ petitioner by way of Election Petition filed under Section 90 of the Tamil Nadu Co-operative Socities Act, and the same was rejected by the 3rd respondent, vide order impugned in the writ petition.

4.The learned Single Judge dismissed the writ petition holding that there is an effective alternative remedy available for the petitioner under Section 153 of the Tamil Nadu Co-operative Socities Act (hereinafter referred as “The Act“) by filing a Revision before the concerned Registrar. Without exhausting the said remedy, the writ petit

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