Madras High CourtWP/18510/2017disposed of

M.V.Ramani, Life Member v. The District Registrar

2017-07-24Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24.07.2017

CORAM

The Honourable MR. JUSTICE M.DURAISWAMY W.P.No.18510 of 2017 and W.M.P.No.20078 of 2017 M.V.Ramani [ Petitioner ] Vs 1 The District Registrar (Tamil Nadu Societies & Registration Act) No.182 Bharathi Salai Royapettah Chennai-14 2 The Election Officer for Members of the Governing Approved Body for Election 2017-18 of Sri Ram Samaj having Off: 47 Arya Gowda Rd West Mambalam Chennai-33 [ Respondents] Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus directing the first respondent to consider and act on the representation of the petitioner dated 11.07.2017 to ensure free and fair election of members of the Governing Body of Sri Ram Samaj in the election to be held on 30.07.2017 or on any future date after reconciling the discrepancy in the Membership Register relating to life members of the society.

For Petitioner : Mr.C.V.Subramanian For Respondents : Mr.S.N.Parthasarathi, GA

ORDER

Mr.S.N.Parthasarathi, learned Government Advocate takes notice for the respondents. By consent, the main writ petition is taken up for disposal at the admission stage itself.

2. The petitioner has filed the above writ petition to issue a writ of mandamus directing the first respondent to consider and act on his representation dated 11.07.2017 to ensure free and fair election of members of the Governing Body of Sri Ram Samaj in the election to be held on 30.07.2017 or on any future date, after reconciling the discrepancy in the Membership Register relating to life members of the society.

3. The learned counsel appearing for the petitioner submitted that inspite of the petitioner's representation dated 11.07.2017 given to the 1st respondent to ensure free and fair election of members of the Governing Body of Sri Ram Samaj in the election to be held on 30.07.2017, after reconciling the discrepancy in the Membership Register relating to life members of the society, the 1st respondent has not taken any action so far.

4. Mr.S.N.Parthasarathi, learned Government Advocate appearing for the respondents submitted that the 1st respondent may be directed to consider the petitioner's representation dated 11.07.2017 to ensure free and fair election of members of the Governing Body of Sri Ram Samaj and take action in accordance with law.

5. In view of the submissions made by the learned counsel on either side, without expressing any opinion with regard to the merits of the case, I direct the 1st respondent to consider the petitioner's representation dated 11.07.2017 to ensure free and fair election of members of the Governing Body of Sri Ram Samaj in the election to be held on 30.07.2017, and take appropriate action, in accordance with law. It is open to the petitioner to give appropriate representation to the 1st respondent to ensure to ensure free and fair election to be held on 30.07.2017.

With this observation, the writ petition is disposed of. No costs. Connected miscellaneous petition is closed. Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To 1 The District Registrar (Tamil Nadu Societies & Registration Act) No.182 Bharathi Salai Royapettah Chennai-14 2 The Election Officer for Members of the Governing Approved Body for Election 2017-18 of Sri Ram Samaj having Off: 47 Arya Gowda Rd West Mambalam Chennai-33 +2cc to Mr.C.V.Subramanian,Advocate sr.52108 W.P.No.18510 of 2017 rk(co) ss(25/7/2017)