T. Durga Prasad v. The Institute Of Company

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2018

CORAM

THE HONOURABLE Mr.JUSTICE D.KRISHNAKUMAR W.P.No.4347 of 2011 T.Durga Prasad ...

Petitioner vs.

1. The Institute of Company Secretaries of India Rep. by its President, 22, Institutional Area, Lodi Road, New Delhi 110 003.

2. N.K.Jain Secretary & CEO of ICSI, Returning Officer, ICSI Elections, 2010 22, Institutional Area, Lodi Road, New Delhi 110 003.

3. Aich Sarkar Anshuman Chartered Accountant, A.S.Anshuman & Co., No.54, I Stage Gokulam, Mysore 570 002.

4. A.Visweswarar Rao Company Secretary, 102, Swetha Apartments, Khairatabad, Hyderabad 500 004.

5. Somasekhar Marthi Company Secretary, Marthi & Co., H.No.6-2-941, Plot No.201, Moghals emami mansion, Chintalbasti road, Khairatabad, Hyderabad 500 004.

6. Bajju Ramachandran Bajju Ramachandran & Associates, A-80, Deepam, Gandhari Amman Kovil Junction, Mela Thampanoor, Statue, Thiruvananthapuram 695 001.

7. B.Ravi Old No.16, New No.42, Rathinam Street, Gopalapuram, Chennai 600 086.

8. K.Ramasamy Advocate S2, Second floor, Singapore Plaza, New No.337, Old No.164, Linghi chetty street, Chennai - 1.

9. C.Dwarakanath 21-2, Ground floor, East Anjeneya temple street, Basavangudi, Bangalore 560 004.

10. Ramasubramaniam Karpagam No.9, Venkatesapuram colony, Vadapalani, Chennai 600 026.

11. Nagendra D.Rao 543/A, 7th main, 3rd Cross, Hanumandtha Nagar, Bangalore 560 019. ... Respondents Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Declaration, to declare the election of respondents 4 to 11 as office bearers of the South Region Council of the first respondent institute as null and void and to further direct the first respondent to conduct fresh elections in accordance with the ICSI (election) rules.

For Petitioner : Mr.V.Raghavachari For Respondents 1,2, 4 to 7, 9 to 11 : Mr.R.Rajesh

O R D E R

The learned counsel appearing for the respondents 1, 2, 4 to 7 and 9 to 11 submitted that election notification issued for Central and Regional councils on 6.9.2010 for the period of four years which expires in the year 2014. Subsequently, fresh election notification was issued by the first respondent for the period 2014-18, election was conducted, results were also published and the office bearers have taken charge. Therefore, prayer in the writ petition challenging the election notification has become infructuous.

2. In view of the above, nothing survives in the writ petition and consequently, writ petition stands dismissed as infructuous. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vaan To The President, The Institute of Company Secretaries of India 22, Institutional Area, Lodi Road, New Delhi 110 003.

+1cc to Mr.G.V.Mohankumar, Advocate Sr.79775 +1cc to Mr.R.Rajesh, Advocate Sr.79712 W.P.No.4347 of 2011 ca[co] srg 18/12/2018