Madras High CourtWP(MD)/5665/2022disposed of

Vijayan.M.R. v. The District Registrar Of Societies

2022-03-30Honourable Mr Justice Abdul Quddhose2 pages

W.P.[MD]No.5665 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE W.P.[MD]No.5665 of 2022 M.R.Vijayan ... Petitioner Vs.

1.The District Registrar of Societies, Madurai South, Madurai District.

2.Sourashtra College Council, Represented by its Secretary, Vilachery Main Road, Pasumalai Post, Madurai - 625 004.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the first respondent to conduct the fair election to the second respondent "Sourashtra College Council" in accordance with the Tamil Nadu Societies Registration Act and Rules by appointing a retired District Judge or an Advocate as Election Officer within the time frame as may be fixed by this Court.

For Petitioner : Mr.R.J.Karthick For Respondent No.1 : Mr.J.John Rajadurai Government Advocate For Respondent No.2 : Mr.R.Pon Karthikeyan

O R D E R

*********** This writ petition has been filed for a Mandamus seeking for a direction to the first respondent to conduct fair election to the second respondent "Sourashtra College Council" in accordance with the Tamil Nadu Societies Registration Act and Rules by appointing a retired District Judge or an Advocate as Election Officer within a time frame to be fixed by this Court.

2.Heard Mr.R.J.Karthick, learned Counsel for the writ petitioner, Mr.J.John Rajadurai, learned Government Advocate who accepts notice on behalf of the first respondent and Mr.R.Pon Karthikeyan, learned Counsel who accepts notice on behalf of the second respondent.

3.On instructions, learned Counsel for the second respondent would submit that the General Body Meeting of the second respondent https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.[MD]No.5665 of 2022 Council is scheduled to take place tomorrow and it will be held in the presence of an Election Officer appointed by the Council namely, Mr.P.Rajendran, Advocate, Enrl.No.2229 of 1999, having office at 45B, Gnanam Abi Complex, Arasaradi, Madurai. He would also submit that the Election Officer is a neutral person and does not belong to the community people who are running the second respondent Council. In the General Body Meeting a decision will be taken as to when the election will be held.

4.Learned Counsel for the petitioner is satisfied with the submissions made by the learned Counsel for the second respondent. 5.Learned Counsel for the second respondent would further submit that he denies all the allegations made against the second respondent Council in the affidavit. The said statement is also recorded.

6.As the prayer sought for in this writ petition has been achieved, as a neutral election officer has already been appointed by the second respondent Council, this Writ Petition is disposed of in terms of the submissions made by the learned Counsel for the second respondent. There shall be no order as to costs. Sd/- Assistant Registrar (Records) // True Copy // / /2022 Sub Assistant Registrar(CS) MR To The District Registrar of Societies, Madurai South, Madurai District.

COPY TO:

Mr.P.Rajendran, Advocate, Enrl.No.2229 of 1999, 45B, Gnanam Abi Complex, Arasaradi, Madurai.

+1 CC to M/s.R.PONKARTHIKEYAN, Advocate ( SR-15378[F] dated 30/03/2022 ) ORDER MADE IN W.P.[MD]No.5665 of 2022 30.03.2022 KS(CO) GC(30.03.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2