E.Gopinathan v. The State Election

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.10.2018

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.4242 of 2013 and M.P.No.2 of 2013 E. Gopinathan ... Petitioner Vs.

1. The State Election Commission, Government Vellore Medical College Hospital, Adukkamparai Vellore & District.

2. The State President, E.S.I Dispensary, Egmore, Chennai - 31.

3. The General Secretary (In-charge), The Tamil Nadu Government Pharmacists Association Govt. Head Quarters Hospital Dindugul.

4. The State Treasurer, Government Head Quarters Hospital, Krishnagiri.

... Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiroarified Mandamus, to call for the entire records connected with the proceedings of the 1st respondent dated 06.02.2013, quash the same and consequently direct the respondents to hold fresh election as per the Tamil Nadu Government Pharmacist association Bye-Laws. For Petitioner :

M/s. D. Asenthamani For RR1 :

Mr. V. Ashok Kumar, For RR3 & 4 :

No appearance For RR2 :

Disd, vide Court order dated 15.12.2014

O R D E R

The relief sought for in the present writ petition is to hold a fresh election as per the Tamil Nadu Government Pharmacist association Bye-Laws.

2. The Election disputes in relation to the Service Associations, registered under the provisions of the Societies Registration Act, cannot be adjudicated in a writ proceedings under Article 226 of the Constitution of India.

3. This apart, it is brought to the notice of this Court that the Elections had been conducted by the Association. Thus, the cause aroused for filing of the present writ petition became vanished.

4. Accordingly, this writ petition stands dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar pds/kak To

1. The State Election Commission, Government Vellore Medical College Hospital, Adukkamparai Vellore & District.

2. The State President, E.S.I Dispensary, Egmore, Chennai - 31.

3. The General Secretary (In-charge), The Tamil Nadu Government Pharmacists Association Govt. Head Quarters Hospital Dindugul.

4. The State Treasurer, Government Head Quarters Hospital, Krishnagiri.

+1cc to the Government Pleader sr.72378 W.P.No.4242 of 2013 ks[co] srg 16/11/2018