V.Anandan, v. The Registrar General

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY V.Anandan ..

Petitioner Vs.

1. The Registrar General High Court, Madras Chennai - 600 104.

2. The Ad-hoc Committee The Madras High Court and Madurai Bench Officers and Staff Association Rep. by its Chairperson C.B.Meena Registrar (Administration) Madurai Bench of Madras High Court, Madurai.

3. Madras High Court and Madurai Bench Officers and Staff Association Rep. by its Secretary Madras High Court Building Complex Madras High Court, Chennai- 600 104.

4. The Joint Secretary Madras High Court and Madurai Bench Officers and Staff Association Madurai Bench of Madras High Court Madurai - 625 023.

..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of certioarified mandamus, calling for the records of the proceedings of the 2nd respondent culminating in the announcement of result dated 29.02.2024 by the 2nd respondent and to quash the same as illegal and contrary to law and consequently direct the 2nd respondent to finalise the electoral roll of the 3rd respondent association after preparing a list of eligible voters and conduct fresh elections to the 3rd respondent association.

For the Petitioner :

Mr.S.Rajendra Kumar for Mr.E.Aadith Vijay For the Respondents :

Mr.R.Srinivas Senior Counsel assisted by Mr.J.Chandran Sundar Sashikumar for R1 and R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.Rajendra Kumar, learned counsel appearing for Mr.E.Aadith Vijay, learned counsel for the petitioner and Mr.R.Srinivas, learned Senior Counsel assisted by Mr.J.Chandran Sundar Sashikumar, learned counsel for respondents 1 and 2.

2. The petitioner seeks directions to hold fresh elections of the Madras High Court and Madurai Bench Officers and Staff Association.

3. Learned counsel for the petitioner submits that no proper procedure was followed. The proper procedure is first to prepare an electoral roll and then allow the persons to vote. No electoral roll was prepared and those who got registered as members just prior to the voting were allowed to vote.

4. It is submitted by learned Senior Counsel appearing for respondents 1 and 2 that the election was held on 29.02.2024 and the new Body has already taken charge.

5. A Writ petition cannot be a remedy with regard to the election of a Society. Remedy will be available to the aggrieved persons as contemplated under the Societies Registration Act, 1860. Even the avenue of filing a civil suit is open.

6. In the light of that, no further orders can be passed in the present writ petition.

7. Learned counsel for the petitioner submits that respondent 1 may be directed to consider the present petition as a representation.

8. It is for the petitioner to prosecute the same with the concerned authority, of course, if the concerned authority has powers to entertain such an application.

9. The writ petition, accordingly, stands disposed of. There shall be no order as to costs. Consequently, W.M.P.No.9924 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 28.03.2024 Index :

Yes/No :

Yes/No drm

To

1. The Registrar General High Court, Madras Chennai - 600 104.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 28.03.2024