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Madras High CourtWP/21706/2018disposed of

M.Perumal, v. The Honourable Justice

2018-08-31Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 31.08.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.21706 of 2018 and W.M.P.Nos.25466 and 25467 of 2018 M.Perumal .. Petitioner Vs 1.The Honourable Justice J.A.K.Sampathkumar (Retired) Election Officer Appointed by The Honourable High Court, Madras Nellai - Thoothukudi Nadar Magamai Paripalana Sangam Egmore, Chennai - 600 008.

2.M/s.Nellai - Thoothukudi Nadar Magamai Paripalana Sangam, No.22/488, Panthian Road, Egmore, Chennai - 600 008.

3.The Registrar of Societies, District Registrar's Office, Bharathi Salai, Royapettai, Central Madras, Chennai - 600 014.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, forbearing the 1st respondent from conducting the election for the 2nd respondent Society on 16.09.2018 and consequently direct the first respondent to consider the representation of the petitioner dated 26.07.2018 and 10.08.2018 to include the petitioner's name in the voters list and permit the petitioner to participate and contest in the election.

For Petitioner : Mr.N.Selvaraju For Respondents: Mr.V.Jayaprakash Narayanan Special Government Pleader for R3

ORDER

The petitioner has come up with the present writ petition for a mandamus, forbearing the first respondent from conducting the election for the second respondent Society on 16.09.2018 and consequently direct the first respondent to consider his representations dated 26.07.2018 and 10.08.2018 and include his

name in the voters list and permit him to participate and contest in the election.

2. Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing for the third respondent.

3. According to the petitioner, the first respondent issued a notification for conducting election to the second respondent Society on 16.09.2018 and published the voters list on 21.07.2018. However, his name was not found in the voters list and he is a life member of the second respondent Society. Hence, he made representations dated 26.07.2018 and 10.08.2018 to the first respondent, to include his name in the voters list. Finding no response, the petitioner is before this Court.

4. The learned Special Government Pleader appearing for the third respondent submitted that the petitioner's claim would be considered on merits and in accordance with law.

5. Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court without going into the merits of the case, directs the *First respondent to consider the representations of the petitioner dated 26.07.2018 and 10.08.2018 and pass appropriate orders on merits and in accordance with law, within ten days from today.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petitions are closed.

Sd/- Assistant Registrar(CS VI) Dated: 05/09/2018 *Corrected as per Order of this Court dated 10/09/2018 and made herein Sd/- Assistant Registrar (CS VI) Dated : 11/09/2018 //True Copy// Sub Assistant Registrar ms

To 1.The Honourable Justice J.A.K.Sampathkumar (Retired) Amended order to be Election Officer Appointed by Substituted to the The Honourable High Court, Madras order already Nellai - Thoothukudi despatched on 07/09/2018 Nadar Magamai Paripalana Sangam Egmore, Chennai - 600 008.

2.The Registrar of Societies, District Registrar's Office, Bharathi Salai, Royapettai, Central Madras, Chennai - 600 014.

+1cc to Mr.N.Selvaraju, Advocate sr.no.62383 +1cc to Government Pleader sr.no.60642 W.P.No.21706 of 2018 and W.M.P.Nos.25466 and 25467 of 2018 nr 05/09/2018 GN(12/09/2018)