Ramesh Babu.E.S. (Member No.285) v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)Nos.10573 and 10576 of 2021 and W.M.P.(MD)Nos.8230, 8231, 8237 & 8238 of 2021 E.S.Ramesh Babu ... Petitioner in W.P.(MD)No.10573/2021 N.K.Raghavan ... Petitioner in W.P.(MD)No.10576/2021 Vs.
1.The District Collector, District Collector Campus, Madurai - 625 020.
2.The Inspector General of Registration, No.100, Santhom High Road, Chennai - 600 028.
3.The District Registrar for Societies, Madurai South, Madurai District.
4.The Sourashtra College Council, Represented by its President.
Sourashtra College Buildings, Pasumalai Post, Madurai 625 004.
... Respondents in both W.Ps.
COMMON PRAYER: Writ petitions filed under Article 226 of the Constitution of India, for the issuance of Writ of Mandamus, directing the 2nd and 3rd respondents may conduct election to the Sourashtra College Council, Madurai in free and fair manner after appointing a special cum honest office within the time frame as may be fixed by this Court fourth petitioner's representation dated 31.05.2021.
For Petitioner : Mr.Chandrasekaran (In both W.Ps) For Respondents : Mr.M.Lingadurai, (In both W.Ps) Government Advocate for R1 to R3 1/3
COMMON ORDER These Writ Petitions have been filed for the issue of a Writ of Mandamus, directing second and third respondents to conduct election to the Sourashtra College Council, Madurai, by appointing an Election Officer on the ground that the period of the term of the officer bearers has already come to an end.
2. Heard Mr.M.Chandrasekaran, learned counsel appearing for the petitioners and Mr.M.Lingadurai, learned Government Advocate, appearing for the respondents 1 to 3.
3. In the considered view of this Court, these Writ Petitions are not maintainable. This Court, exercising its jurisdiction under Article 226 of the Constitution of India, cannot issue directions to conduct election for a private body and if at all the petitioner is aggrieved by the continuation of the office bearers of the fourth respondent society beyond their term, it is left open to the petitioners to approach an appropriate civil Court and work out their remedy. There are absolutely no merits in these Writ Petitions. Accordingly, the same are dismissed. No costs. Consequently, connected miscellaneous petitions are also dismissed. Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) vsm Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. To 1.The District Collector, District Collector Campus, Madurai - 625 020.
2.The Inspector General of Registration, No.100, Santhom High Road, Chennai - 600 028.
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3.The District Registrar for Societies, Madurai South, Madurai District.
+1 CC to M/s.SPL GP ( SR-20424[F] dated 28/06/2021 ) +2 CC to M/s.M.CHANDRASEKARAN, Advocate ( SR-20415 & 20417[F] dated 28/06/2021 ) W.P.(MD)Nos.10573 and 10576 of 2021 and W.M.P.(MD)Nos.8230, 8231, 8237 & 8238 of 2021 25.06.2021 SGS(CO) TR(02.07.2021) 3P 7C 3/3