Lingaraj Memorial Club v. Chennai Hockey Association

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.04.2018

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR C.S.No.382 of 2017 & O.A.No.527 of 2017 & A.No.2884 of 2012 Lingaraj Memorial Club Represented by its Secretary G.Jeevan Jayaraj, No.15, R.O.B., 6th Street, Royapettah, Chennai - 600 014.

.. Plaintiff vs.

1. Chennai Hockey Association, Egmore, Chennai - 8 Rep. by its President Having Office at No.9/6, Grean 1st Street, Kodambakkam High Road, Nungambakkam, Chennai - 600 034.

2. V.S.Panchapikesan, I.P.S., Inspector General of Police, Rtd., President, Chennai Hockey Association, Plot No.3074, 'Z' Block, 13th Main Road, 5th Cross Street, Anna Nagar West, Chennai - 600 040.

3. Mr.Udayakumar, Asst. Secretary, Chennai Hockey Association, No.9/6, Grama 1st Street, Kodambakkam High Road, Nungambakkam, Chennai - 600 034.

4. Murugan, The General Secretary, Tamil Nadu State Olympic Association, Room No.78, Jawaharlal Nehru Stadium, Chennai - 600 003.

5. N.R.Radhakrishnan, No.9/6, Grama 1st Street, Kodambakkam High Road, Nungambakkam, Chennai - 600 034.

.. Defendants Civil Suit filed under Order IV Rule 1 of High Court O.S. Rules 1956.

For plaintiff : Mr.D.Ashok Kumar For Defendants : Mr.R.Neelakandan - D1 to D3 & D4

J U D G M E N T

This suit has been filed for declaration that the Election Notification dated 04.04.2017 issued by the fifth defendant for the election to be conducted on 29/31/05.2017 as illegal, null

and void and against the Constitution of the first defendant, for permanent injunction restraining the second and third defendants from acting as office bearers on account of commencement of election process in pursuance of the notice dated 04.05.2017, for permanent injunction restraining the fifth defendant from continuing with the election process vide : Election Notice dated 04.05.2017, for mandatory injunction directing for appointment of an able election officer to take over and conduct the elections of the first defendant and for cost.

2. Heard the learned counsel for the plaintiff and the learned counsel for the defendants.

3. The suit itself has been filed for declaration to declare the election notification issued for the election to be held on 29/31.05.2017 as illegal, null and void. During the pendency of the suit, this Court has appointed a retired District Judge to conduct election of the first defendant association and the Judge Commissioner has also filed an interim report stating that

election will be held on 21.04.2018 and the results will be declared after 5.00 p.m.

4. Since the election process is commenced at the instance of the Commissioner, nothing survives in the suit. The election Commissioner shall conduct the election as per the direction of this Court and file a report before this Court.

5. With the above observations, this suit is disposed of. Consequently, the connected miscellaneous applications are closed.

06.04.2018 vrc Index : Yes Internet: Yes

N.SATHISH KUMAR, J.

vrc C.S.No.382 of 2017 06.04.2018