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Madras High CourtWP(MD)/6273/2022disposed of

Ramdoss V.G v. The District Registrar Of Societies

2022-06-14Honourable Mr Justice G.R.Swaminathan2 pages

W.P.(MD)No.6273 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.06.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.6273 of 2022 and W.M.P(MD)No.4876 of 2022 V.G.Ramdoss ... Petitioner Vs.

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

2.The Sourasthra College Council Represented by its Secretary, Vilachery Main Road, Pasumalai Post, Madurai.

3.P.Rajendran ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct 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 retire District Judge or an Advocate appointed by this Court as Election Officer and for further reliefs.

For Petitioner : Mr.M.Rajaraman For R1 : Mr.S.Shanmugavel Additional Government Pleader For R2 : Mr.R.Pon Karthikeyan For R3 : Mr.S.Sukumar (Mr.R.Murali - Election Observer)

O R D E R

Heard the learned counsel on either side and also Thiru.R.Murali in person who was appointed as an election observer.

2. The case on hand relates to conducting of election to the Sourashtra College Council. The said Council had already appointed the third respondent as the election officer. At this stage, this writ petition came to be filed.

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W.P.(MD)No.6273 of 2022

3. Vide order dated 06.04.2022, a learned Judge of this Court appointed Thiru.R.Murali as election observer in addition to the Election Officer to oversee the election for the second respondent council. It is now stated that the election process was smoothly conducted and Form-7 has also been filed. Nothing survives for further adjudication.

4. It appears that there was some controversy between the election observer appointed by this Court and the 3rd respondent on the election date. I telephonically contacted the third respondent and the third respondent expressed his sincere regret for the incident.

5. Since the third respondent has apologized to the election observer appointed by this Court, I am of the view that this issue need not be escalated. I accept the explanation given by the third respondent and close the matter. The election observer in his report has stated that because identification card has not been issued by the council, allegations were made that bogus voting was cast. In order to obviate such situations in future, the second respondent is directed to issue identity cards to its members. The voter list to be prepared by the second respondent in future should contain the photos of the members. The election observer was paid a sum of Rs.50,000/-. A further sum of Rs.32,000/- shall be paid from out of the fund of the second respondent to the election observer.

6. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (CS III) // True Copy // /06/2022 Sub Assistant Registrar(CS) rmi To The District Registrar of Societies, Madurai South, Madurai.

+1 CC to M/s.M. RAJARAMAN, Advocate ( SR-25717[F] dated 15/06/2022 ) +1 CC to M/s.SPL.GP ( SR-25886[F] dated 15/06/2022 ) +1 CC to M/s.R. PON KARTHIKEYAN, Advocate ( SR-26086[F] dated 16/06/2022 ) W.P.(MD)No.6273 of 2022 14.06.2022 SS(24/06/2022) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2