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Madras High CourtWP/26224/2025disposed of

R.Mohan v. The State Of Tamil Nadu

2025-07-17Honourable Mr Justice N. Anand Venkatesh5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH AND WMP NO. 29537 and 29534 OF 2025

1. R.Mohan S/o.T.N.Rajan, No.213, Jeevanandam Salai, 13th Sector, Sivalingapuram, K.K.Nagar, Chennai-78.

Petitioner(s) Vs

1. The State Of Tamil Nadu Health And Family Welfare Department, Rep. By Its Secretary, Fort St.George, Chennai-600 009.

2.The Reurning Officer / Registrar, Tamilnadu Pharmacy Council, Block E, 1st Floor, Bharathiyar Complex, 100 Feet Inner Ring Road, Vadapalani, Chennai-600 026.

Respondent(s) PRAYER Writ petition filed under Article 226 of Constitution of India for the issuance of writ of Certiorari to call for the records pertaining to the Tamil Nadu Pharmacy

Council Election (9th election) and the counting conducted on 01.07.2025 and concluded on 02.07.2025 issued by the 2nd respondent and quash the same. For Petitioner(s):

Mr.B.Padmanabhan For Respondent(s):

Mr.E.Sundaram Government Advocate for R1 Mr.R.Rengaramanujam for R2

ORDER

This writ petition has been filed challenging the election conducted by the Tamil Nadu Pharmacy Council.

2.

Heard Mr.B.Padmanabhan, learned counsel for the petitioner and Mr.E.Sundaram, learned Government Advocate for 1 st respondent and Mr.R.Rengaramnujam, learned counsel for the 2 nd respondent.

3.

In the considered view of this Court, the case in hand involves an election dispute. This Court will not exercise its jurisdiction under Article 226 of Constitution of India to decide the election dispute. If the petitioner is aggrieved, he has to move the concerned Court and challenge the election. Just because, the election pertains to Tamil Nadu Pharmacy Council that does not mean that a writ petition can be filed before this Court. An election dispute normally involves disputed question of facts and therefore, it will not be appropriate for this Court to exercise its discretion under Article 226 of

Constitution of India.

4.

In view of the above, liberty is granted to the petitioner to question the election conducted by the Tamil Nadu Pharmacy Council by filing a suit before the concerned Court.

5.

This writ petition is disposed of in the above terms. No costs. Consequently, the connected miscellaneous petitions are closed. 17-07-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes

To 1.The State Of Tamil Nadu Health And Family Welfare Department, Rep. By Its Secretary, Fort St.G Eorge, Chennai-600 009.

2.The Reurning Officer / Registrar, Tamilndu Pharmacy Council, Block E, 1st Floor, Bharathiyar Complex, 100 Feet Inner Ring Road, Vadapalani, Chennai-600 026.

N.ANAND VENKATESH J.

rka WMP NO. 29537 and 29534 OF 2025 17-07-2025