Manimaran.S, v. The Registrar Of Trade Union,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.05.2024
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.Nos.15709 & 15717 of 2024 Manimaran.S .. Petitioner Vs.
1.
The Registrar of Trade Union, Labour Department, DMS Complex, Teynampet, Chennai - 600 018.
The Chairman, Election Committee, SBI Officers Association (Chennai Circle), State Bank Buildings, No.86, Rajaji Salai, 4th Floor, SBI Administrative Office Buildings, Chennai South, Parry's Corner, Chennai - 600 001.
The General Secretary, SBI Officers Association (Chennai Circle), State Bank Buildings, No.86, Rajaji Salai, 4th floor, SBI Administrative Office Buildings, Chennai South, Parry's Corner, Chennai - 600 001.
.. Respondents 1/5
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the Election Circular No.06/2024 dated 02.05.2024 issued by the 2nd respondent and quash the same and direct the respondents to conduct a recounting of votes in the presence of all the contestants fairly and transparently.
For Petitioner : Mr.N.R.Ilango Senior Counsel for A.S.Aswin Prasanna For R1 & R3 : Mr.R.Shivakumar For R2 : Mr.G.Krishna Raja Additional Government Pleader
O R D E R
Mr.R.Shivakumar, learned Counsel takes notice for the first and third respondent. Mr.G.Krishna Raja, learned Additional Government Pleader takes notice for the second respondent. The allegation of the petitioner is that the election to the State Bank of India Officers' Association has not been conducted properly. He 2/5
would state that the Ballot Boxes have been tampered with and had been handled by unauthorised persons.
I am afraid that these and other grounds might make out a cause of action for presenting a civil suit. Being a disputed question of fact, I am not in a position to entertain the writ petition on those allegations. Apart from that, the election has not been conducted by the Registrar of Trade Union but by a Committee appointed by the Trade Union.
4.
Granting liberty to the petitioner to approach the jurisdictional civil court challenging the results, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
30.05.2024 Index:Yes/No Speaking Order :Yes/No veda/mkn 3/5
To 1.
The Registrar of Trade Union, Labour Department, DMS Complex, Teynampet, Chennai - 600 018.
The Chairman, Election Committee, SBI Officers Association (Chennai Circle), State Bank Buildings, No.86, Rajaji Salai, 4th Floor, SBI Administrative Office Buildings, Chennai South, Parry's Corner, Chennai - 600 001.
The General Secretary, SBI Officers Association (Chennai Circle), State Bank Buildings, No.86, Rajaji Salai, 4th floor, SBI Administrative Office Buildings, Chennai South, Parry's Corner, Chennai - 600 001.
4/5
V.LAKSHMINARAYANAN,J.
veda/mkn 30.05.2024 5/5