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Madras High CourtWP(MD)/11913/2019dismissed as infructuous

M.P.P.R.Asokan, v. Theni Melapettai Hindu

2019-06-03Honourable Mr Justice R. Suresh Kumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2019 CORAM :

THE HONOURABLE MR.JUSTICE R.SURESH KUMAR W.P(MD)No.11913 of 2019 and W.M.P.(MD) Nos.9008 and 9009 of 2019 M.P.P.R.Asokan ... Petitioner Vs.

1.Theni Melapettai Hindu Nadargal Uravinmurai (Re.No.37/1975) represented by its General Secretary, 1100, Periyakulam Road, Theni - 625 531.

2.The District Registrar (Societies), Theni District, at Periyakulam.

... Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the alleged Annual General Body Meeting Notice dated 26.04.2019 issued by the 1st respondent society for the conduct of election on 25.05.2019 and quash the same as illegal and against the provisions of the Societies Act and principles of Natural Justice and to direct the 2nd respondent to conduct the election for the 1st respondent society in a democratic manner after following due electoral process. For Petitioner : Mr.M.Rajaraman For Respondents : Mr.S.Murugan, G.A. For R2

O R D E R

The prayer in this writ petition is for a Writ of Certiorarified Mandamus, calling for the records relating to the alleged Annual General Body Meeting Notice dated 26.04.2019 issued by the 1st respondent society for the conduct of election on 25.05.2019 and quash the same as illegal and against the provisions of the Societies Act and principles of Natural Justice and to direct the 2nd respondent to conduct the election for the 1st respondent society in a democratic manner after following due electoral process.

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2.Heard Mr.M.Rajaraman, the learned counsel appearing for the petitioner and Mr.S.Murugan, the learned Government Advocate appearing for the second respondent.

3.Since the election scheduled to be held on 25.05.2019 has already been over, the prayer sought for in this writ petition has virtually become infructuous. This fact is not disputed by the learned counsel appearing for the petitioner. However, he wants the matter to be disposed of with the liberty to the petitioner to challenge the election.

4.Considering the said submission made by the learned counsel appearing for the petitioner, this writ petition is dismissed as infructuous and the liberty is given to the petitioner to challenge the election held on 25.05.2019 in the manner known to law. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar // True Copy // Sub Assistant Registrar(CS ) To 1.The District Registrar (Societies), Theni District, at Periyakulam.

+1 CC to SPL GP SR-66711.

W.P(MD)No.11913 of 2019 and W.M.P.(MD) Nos.9008 and 9009 of 2019 03.06.2019 CS: (11/06/2019) 3P 3C https://hcservices.ecourts.gov.in/hcservices/