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Madras High CourtWP/27649/2025disposed of

K.Vishnukumar v. The Registrar Of Societies

2025-07-24Honourable Mr Justice N. Anand Venkatesh7 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-07-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH WMP Nos. 30976 & 30979 of 2025 K.Vishnukumar Petitioner(s) Vs

1. The Registrar of Societies No.170. M.V. Natarajan Maligai, E.V.R. Periyar High Road, Kilpauk, Chennai-600 106 2.The Deputy Registrar of Societies Rajaji Salai, Chennai-600 001 3.All India SC/ST Association Of IOB Employees Administrative Office, IOB Gemini Circle Branch, Karunaikudil Complex, Ground Floor, Gopalapuram, Chennai-600 086 4.Election Committee All India SC/ST Association Of IOB Employees, Rep. By Its Chairman A. Krishnan, IOB Gemini Circle Branch, Karunaikudil Complex, Ground Floor, Gopalapuram, Chennai-600 086

2/7 5.Indian Overseas Bank Central Office, Rep. By Its General Manager, No.763, Anna Salai, Chennai-600 002 6.T. Ravikumar President All India SC/ST Association Of IOB Employees, Administrative Office, IOB Gemini Circle Branch, Karunaikudil Complex, Ground Floor, Gopalapuram, Chennai-600 086 7.Sreedhar Swamy Dola General Secretary, All India SC/ST Association Of IOB Employees, Administrative Office, IOB Gemini Circle Branch, Karunaikudil Complex, Ground Floor, Gopalapuram, Chennai-600 086 Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records in connection with the Notice for General Council/Election, bearing reference No.Cir/GC/1/2025 dated 12.05.2025 and the subsequent Election Notification issued by the All India SC/ST Association of IOB Employees, the 3rd Respondent herein, recognized by the management of IOB, under circular No.Ref. Cir/Elec/1/2025, dated 13.05.2025 and quash the same and further

3/7 direct the 1st and 2nd Respondents to investigate and verify the members list of the 3rd Respondent Association and further direct the 3rd Respondent All India SC/ST Association of IOB Employees to conduct the election in a fair and democratic manner as per the provision of the bye laws after furnishing the members list to the members and elect the delegates by appointing the neutral Election Committee and issue such further or other appropriate orders or directions as this Court.

For Petitioner(s):

Mr.K.Sudalai Kannu For Respondent(s):

Mr.Stalin Abhimanyu Additional Government Pleader for R1 and R2

ORDER

This writ petition has been filed challenging the election notification dated 12.05.2025 and the subsequent notification dated 13.05.2025 and for a direction to the 1st and 2nd respondents to investigate and verify the members list of the 3rd respondent Association and further direct the 3rd respondent to conduct the election in the fair and democratic manner as per the provision of the bye laws after furnishing the members list to the members and elect the delegates by appointing neutral Election Committee.

4/7 2.Heard Mr.K.Sudalai Kannu, learned counsel appearing on behalf of the petitioner and Mr.Stalin Abhimanyu, learned Additional Government Pleader appearing on behalf of respondents 1 and 2.

3.In the considered view of this Court, this Court will not exercise its jurisdiction under Article 226 of the Constitution of India in any election dispute. This is in view of the fact that every election dispute will have disputed questions of fact and it cannot be decided in a writ petition. Therefore, appropriate forum to be approached is only a competent Civil Court which will have the advantage of collecting facts and appreciating the evidence. This is more so since there is a trend adopted by challenging elections at the nick of the moment when the election is on the next day or within a couple of days. Therefore, liberty is granted to the petitioner to approach the competent Civil Court and question the election process and if really there is any illegality committed in the preparation of the members list etc., the same can always be gone into by the competent Civil Court.

5/7 4.This writ petition is disposed of in the above terms. No Costs. Consequently, connected miscellaneous petitions are closed. 24-07-2025 Note: Issue Order Copy on 24.07.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr

6/7 To

1. The Registrar of Societies No.170. M.V. Natarajan Maligai, E.V.R. Periyar High Road, Kilpauk, Chennai-600 106 2.The Deputy Registrar of Societies Rajaji Salai, Chennai-600 001

7/7 N.ANAND VENKATESH J.

ssr 24-07-2025