S.Balasubramanian v. S.Balaji

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.11.2022

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN Rev. Aplw.No.247 of 2022 in W.P.No.18235 of 2022 1.S.Balasubramanian 2.G.B.Pradeep Kumar 3.k.A.Sultan Mohideen

...Petitioners

Vs.

1.S.Balaji 2.The Returning Officer/Deputy Registrar, T.N.C.P.C Bank General Body Election, T.N.C.P.C Bank (Tamil Nadu Circle Postal Co-operative Bank Ltd), No.18/19, Jahangir Street, Second Line Beach Road, Chennai - 600 001.

3.The Deputy Secretary to Government of India, Ministry of Personnel, Public Grievances and Pensions, North Block, New Delhi - 110 001.

4.R.Baskar 5.A.Palanirajan (LSGPA) 1/5

6.The Post Master General, Tamil Nadu Circle, Chennai - 600 002.

... Respondents PRAYER: Revision Petition filed under Order 47 Rule 1 of CPC r/w Section 114 of Civil Procedure Code, to review the common order dated 22.09.2022 passed in W.P.No.18235 of 2022 and direct the Returning Officer to count the votes polled on 16.07.2022 and declare the result of the election.

For Petitioners : Mr.L.Dhamodharan For Respondents : No Appearance for R1 Mr.R.Malaichamy for R2 Mr.k.Ramana Moorthy Central Government Standing Counsel Mr.E.Vinoth Kumar for R4 and R5

O R D E R

This review application has been filed seeking to review the order dated 22.09.2022 in W.P.No.18235 of 2022 and direct the Returning Officer to count the votes polled on 16.07.2022 and declare the result of the election.

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2.The petitioners have filed this review application on the ground that the conditions stipulated in the order passed by this Court cannot be complied with, as the election has already been held. It is further submitted that the issues are already covered by the decision of this court, the order of this Court is categorical. The elections cannot be held contrary to the provisions of the Central Civil Service (Conduct) Rules, 1964. Therefore, if the petitioner was not entitled to contest the election, the petitioner was incompetent as per the rules and he cannot seek for dilution of the order by stating that post facto approval can be obtained contrary to the aforesaid Rules. In case, the petitioners are aggrieved, the petitioners can file an Appeal before the Hon'ble Division Bench of this Court.

3.Therefore, I am of the view that this Review Application is liable to be dismissed and is accordingly dismissed. No costs. 23.11.2022 Speaking/Non Speaking Order Internet : Yes/No jas 3/5

To 1.The Returning Officer/Deputy Registrar, T.N.C.P.C Bank General Body Election, T.N.C.P.C Bank (Tamil Nadu Circle Postal Co-operative Bank Ltd), No.18/19, Jahangir Street, Second Line Beach Road, Chennai - 600 001.

2.The Deputy Secretary to Government of India, Ministry of Personnel, Public Grievances and Pensions, North Block, New Delhi - 110 001.

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C.SARAVANAN, J.

jas Rev. Aplw.No.247 of 2022 in W.P.No.18235 of 2022 23.11.2022 5/5