Madras High CourtWP(MD)/21398/2025disposed of

N.Nanthakumar v. The District Registrar (Societies)

2025-08-06Honourable Mr Justice C. Saravanan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025

CORAM

THE HONOURABLE MR.JUSTICE C.SARAVANAN N.Nanthakumar ... Petitioner Vs.

1.The District Registrar (Societies), District Registrar Office, Sivagangai District.

2.Ambalam Jeyaram Chettiyar, Door No. 7/140(3), Swami Sannathi Street, Paramakudi, Ramanathapuram District.

3.M.Justin Gnanasekar, Aayira Vaisiya Higher Secondary School, Door No. 7/140(3), Swami Sannathi Street, Paramakudi, Ramanathapuram District.

4.Ayira Vaisiya Sabai, Paramakudi, Rep Through its President, Door No.7/140(3), Swami Sannathi Street, Paramakudi, Ramanathapuram District.

...Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to take necessary steps to appoint a special Officer to recount the vote casted on 20.07.2025 for the post of 37 executive members and to preserve the ballot papers to ensure fair result and by considering the representation of the petitioner dated 25.07.2025 within the reasonable time as fixed by this court that may be stipulated by this Court.

For Petitioner : Mr.T.Balarathinakumar For R1 : Mr.S.Kameswaran Government Advocate For R2 to R4 : Mr.D.Senthil

ORDER

Mr.S.Kameswaran, learned Government Advocate takes notice for the first respondent and Mr.D.Senthil, learned counsel takes notice for the respondents 2 to 4.

2. The petitioner has sought for a wider relief to indirectly set aside the election held on 20.07.2025 of the fourth respondent Society.

3. The relief sought by the petitioner in this writ petition cannot be granted, as the petitioner will have to work out the remedy by filing a civil 2/5

suit. However, the prayer of the petitioner for preserving the ballot paper can be considered. The petitioner apprehends that the ballot paper may be destroyed or manipulated by the fourth respondent.

4. Considering the same, the first respondent is directed to depute an Officer to take custody of the ballot paper, after drewing a Mahazar and Panchnama within a period of two days.

5. Since no proceedings are pending against the fourth respondent as of now, the Form VII filed under Rule 17 of the Tamil Nadu Societies Registration Rule, 1978, shall be accepted and registered by the first respondent. However, such acceptance shall be subject to any judgment and decree to be secured by the petitioner before the Civil Court.

6. The writ petition stands disposed of. No costs. 06.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn 3/5

To 1.The District Registrar (Societies), District Registrar Office, Sivagangai District.

2.Ambalam Jeyaram Chettiyar, Door No. 7/140(3), Swami Sannathi Street, Paramakudi, Ramanathapuram District.

3.M.Justin Gnanasekar, Aayira Vaisiya Higher Secondary School, Door No. 7/140(3), Swami Sannathi Street, Paramakudi, Ramanathapuram District.

4.The President, Ayira Vaisiya Sabai, Paramakudi, Door No.7/140(3), Swami Sannathi Street, Paramakudi, Ramanathapuram District.

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C.SARAVANAN, J.

sn W.P(MD).No.21398 of 2025 06.08.2025 5/5