ORDER

This Civil Revision Petition has been filed challenging the order passed in I.A.No.701 of 2018 in O.S.No.127 of 2018 by the learned Principal District Munsif, Thoothukudi. The said Interlocutory Application filed by the revision petitioner herein before the Court below to reject the plaint filed in O.S.No.127 of

2018.

2.This Court ordered notice to respondents 1 to 9. Notice also served through Court. However, none appeared for the respondents 1 to 9.

3.The suit was filed by the respondents 1 to 9 challenging the nomination to contest Board of Directors of the Cooperative Society, who is petitioner herein. The respondents 1 to 9 have filed their nomination for the purpose of elect them as Board of Directors of the petitioner society and they have filed their nomination on 31.03.2018, which was last date for filing nomination. However, the nomination of the respondents 1 to 9 have been rejected on 02.04.2018 and displayed on the notice board about the details of the acceptance and rejection of the nominations. Result of the election was also declared on 03.04.2018. In the petitioner society, there are 11 Board of Directors posts and 13 nominees' nominations was accepted, however, two nominees withdrew their nomination and therefore, balance 11 nominees were elected as Board of Directors on 03.04.2018. Hence, there is no need to conduct further election.

4.In the above circumstances, the respondents 1 to 9 have filed O.S.No.127 of 2018 to declare the election as null and void and issue a direction to conduct fresh election.

5.The revision petitioner filed an application before the Court below under Order 7 Rule 11 of C.P.C., stating that if any dispute with regard to the election, same should be agitated before the Registrar, Cooperative society under Section 152(2)(a) of the Tamil Nadu Co-operative Societies Act 1983 and the Civil Court has no jurisdiction to decide the issue relates to election and hence, he prayed to reject the plaint.

6.The respondents in I.A., have filed their counter stating that the petitioner herein did not filed its counter in suit and that the civil Court has jurisdiction to conduct the suit relates to cooperative societies' dispute and relied a decision of this Court reported in 2015 (5) MLJ 673.

7.After considering the arguments of both sides, the Court below dismissed the application filed by the petitioner herein. Challenging the said order, the revision petitioner filed the present civil revision petition.

8.The learned counsel appearing for the petitioner submitted that election was announced for the post of 11 Board of Directors. The private respondents herein filed their nomination, however, the same was rejected. Finally, 13 nominations were accepted. Two nominees were withdrew their nominations and hence, the balance 11 nominees were declared as Board of Directors. According to the petitioner, no election was conducted and if there is any dispute, parties should agitate the same before the Registrar, Tamil Nadu Cooperative Societies under Section 152(2)(a) of the Tamil Nadu Cooperative Societies Act.

9.In support of his contention, the learned counsel relied on a decision of Division Bench of this Court reported in 2008-4-L.W.883 in a case of P.Eswaramoorthy & 15 others Vs. R.J.B.Leoraj and 10 others. By following this decision, another decision also relied by the learned counsel reported in 2018-4-L.W.718 in a case of M.Siva Subramanian Vs. The Joint Registrar of Cooperative Societies, Tirunelveli Region, Tirunelveli-627 002 and others wherein paragraph 39(d), it is stated that the Civil Courts in the State of Tamil Nadu are hereby directed not to entertain any civil suits in respect of co-operative societies, since Section 156 of the Cooperative Societies Act ousts the jurisdiction of the civil courts and the civil courts are directed to strictly adhere to the principles laid down by the Division Bench of this Court in P.Eswaramoorthy and others V. R.J.B.Leoraj and others, 2008 4 LW 883.

10.Th