J. Raj Bellie v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.01.2016

CORAM

THE HON'BLE MR. JUSTICE M.M.SUNDRESH W.P.No.28113 of 2015 J.Raj Bellie ... Petitioner Vs.

1. The District collector, The Nilgiris,

2. The Superintendent of Police, The Nilgiris,

3. The District Registrar of Societies, The Nilgiris,

4. The Young Badaga Association, represented by its Secretary (de-facto), No.44, Church Hill Road, Udhagamandalam,

5. T.Gundan ... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the 3rd respondent to conduct the election following the provisions of the Bye-Laws of the Association and the Tamil Nadu Societies Registration Act, 1975.

For Petitioner : Mr.D.Sreenivasan For Respondents: Mr.V.Subbiah,Spl.Govt.Pleader for RR.1 to 3 Mr.K.V.Sajeev Kumar for Mrs.Bhavani Suburayan for M/s.Royan Law Associates for R.4 No Appearance for R.5

O R D E R

When the matter is taken up for hearing, learned counsel appearing for the 4th respondent submitted that the election for the 4th respondent Association is proposed to be conducted on 23.2.2016. In view of the said submission, nothing survives for adjudication. However, learned counsel appearing on either side brought one startling news before this Court that when the election was conducted earlier, a member of the legislative assembly barged into the place and created a ruckus. Therefore, it is submitted that it would be appropriate to have the election conducted under the aegis of a retired District Judge.

2. Considering the said submission, Thiru.C.Manickam, District Judge (Retd.), residing at No.22, 1st Floor, Raj Enclave, Lakshmi Nagar, 6th Street, Jalladianpet, Medavakkam, Chennai - 600 006 (Mobile No.8098478135), is appointed for the purpose of conducting the election for the fourth respondent Association on 23.02.2016. His remuneration is fixed at Rs.1,00,000/- (Rupees one lakh only), payable by the 4th respondent. It is made clear that this order is passed only for conducting a free and fair election. The writ petition is disposed of accordingly. No costs.

Sd/- Assistant Registrar(CS II) //True Copy// Sub Assistant Registrar To

1. The District collector, The Nilgiris,

2. The Superintendent of Police, The Nilgiris,

3. The District Registrar of Societies, The Nilgiris,

4. Thiru.C.Manickam, District Judge (Retd.), No.22, 1st Floor, Raj Enclave, Lakshmi Nagar, 6th Street, Jalladianpet, Medavakkam, Chennai - 600 006 (Mobile No.8098478135).

+1cc to Mr.D.Sreenivasan, Advocate, S.R.No.2528 +1cc to Mr.Royan Law Associates , Advocate, S.R.No.2344 +1cc to the Government Pleader, S.R.No.2440 W.P.No.28113 of 2015 kji(CO) srg(18/01/2016)