The Chief Election Officer v. C. Vincent Raj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 21.02.2018

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR C.R.P. (PD) No.292 of 2018 and CMP No.1603 of 2018

1. The Chief Election Officer - Mr.R.Santhanam, The South India Corrugated Box Manufacturer's Association, B-28, 6th Floor, P.A. Apartments, 869, E.V.R. Salai, Kilpauk, Chennai - 600 010.

2. The President - Mr. Krishna Reddy, The South India Corrugated Box Manufacturer's Association, B-28, 6th Floor, P.A. Apartments, 869, E.V.R. Salai, Kilpauk, Chennai - 600 010.

3. K. Rajasankkar, The Secretary & Contestant for President, The South India Corrugated Box Manufacturer's Association, B-28, 6th Floor, P.A. Apartments, 869, E.V.R. Salai, Kilpauk, Chennai - 600 010. ...

Petitioners

Versus

C. Vincent Raj ...

Respondent Civil Revision Petition filed under Article 227 of the Constitution of India, to allow this revision petition and thereby set aside the order passed by the XIX Addl. Judge, City Civil Court, Chennai in C.M.A. No.77 of 2017, dated 09.11.2017 confirming the order made in I.A. No.3450 of 2017 in O.S. No.1211 of 2017 passed by II Assistant Judge, CCC, Chennai, dated 19.08.2017. For petitioners : M/s.L.Chandrakumar For respondent : Mr.T.Sivagnana Sambandam

ORDER

The petitioners have challenged the order passed in C.M.A. No.77 of 2017, dated

09.11.2017 by allowing the revision petition and by setting aside the order passed by the trial Court and confirming the order made in I.A. No.3450 of 2017.

2. The learned counsel for the petitioners submitted that the petitioner was elected as the President of the Second Respondent association. Therefore, at the time of the admission of the Civil Revision Petition, the Interim stay has been granted by this Court. The respondent has filed the vacate stay petition in the aforesaid Civil Revision Petition.

3. At the time of the hearing, the learned counsel for the respondent would further submit that the tenure of the office bearer of the second respondent association has come to an end and results were declared on 12.02.2017. Therefore, nothing survives for adjudication in the present Civil Revision Petition and it becomes, infructuous. According to the learned counsel for the respondent, even the relief sought for in the suit also becomes infructuous as the election for the period from 2017-18.

4. In the light of the above submission, the Civil Revision Petition is dismissed as infructuous. No costs. Consequently, connected miscellaneous petition is also closed. 21.02.2018 Index : Yes/No Internet : Yes / No Speaking/Non Speaking vsi2 To The XIX Addl. Judge, City Civil Court, Chennai

D.KRISHNAKUMAR, J.

vsi2 C.R.P. (PD) No.292 of 2018 21.02.2018