V. Pandurangan v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2024
CORAM
THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD)Nos.20706 and 20707 of 2024 V.Pandurangan
...Petitioner
Vs 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.
3.Arulmigu Ammaluammal @ Guruvammal Trust, Represented by its Managing Trustees, Alwarpuram, Madurai North, Madurai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned election notification passed by the second respondent No.Ve.Aa.No.
86/Se.Ma.Tho.A./Madurai dated 27.09.2024 advertised in the newspaper 1/6
on 28.09.2024 quash the same and consequently directing the second respondent to conduct fair election by inviting application from the members of the trust, to call for objections after giving specific time, prepare the proper eligible voters list and thereafter conduct the elections of appointment of trustees for Arulmigu Ammaluammal @ Guruvammal Trust.
For Petitioner : Mr.F.Deepak For R-1 and R-2 : Mr.P.Subbaraj Special Government Pleader For R-3 : Mr.V.N.Arjun for Mr.N.Vallinayagam
O R D E R
Heard Mr.F.Deepak, learned counsel for the petitioner, Mr.P.Subbaraj, learned Special Government Pleader for the respondents 1 and 2 and Mr.V.N.Arjun for Mr.N.Vallinayagam, learned counsel for the 3rd respondent.
2. This Writ Petition has been filed challenging the the impugned election notification passed by the second respondent dated 27.09.2024 advertised in the newspaper on 28.09.2024 and to consequently direct 2/6
the second respondent to conduct fair election by inviting application from the members of the trust, to call for objections after giving specific time, prepare the proper eligible voters list and thereafter conduct the elections of appointment of trustees for Arulmigu Ammaluammal @ Guruvammal Trust.
3. The primary contention of the petitioner is that the impugned order dated 27.09.2024, which calls for conducting an election for the fifth respondent temple, is based on nominations submitted in 2016 for an election scheduled on 15.10.2024. Consequently, this Court directed the respondents to produce the relevant files to determine whether the election will be proceeded based on the nominations filed pursuant to the notification dated 22.09.2016.
4. When the matter was taken up for hearing, the learned Special Government Pleader appearing for respondents 1 and 2 submitted that he had perused the file and that the advertisement for conducting the election was issued based on the election notification of the year 2016. Although the advertisement also requested eligible voters' details from 3/6
concerned authorities by October 8, 2024, there is no indication in the said advertisement as to the publication of the eligible voters list. Moreover, there was only a seven-day gap between the direction to submit eligible voters' details and the election date.
5. In view of the above, I am of the view that the impugned advertisement in the present writ petition is unsustainable and hereby the same is set aside, subject to the following directions: (i) The second respondent shall publish a list of eligible voters within a period of four weeks from the date of receipt of this order, after giving a two-weeks period for receiving objections, if any. (ii) Upon receiving objections, if any, the second respondent shall finalize and publish the final list within further period of two weeks therefrom.
(iii) Simultaneously, the second respondent shall call for nominations from eligible persons, fixing an election date within a period of four weeks thereafter.
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6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
27.11.2024 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:
1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 600 034.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Ellis Nagar, Madurai.
3.The Managing Trustees, Arulmigu Ammaluammal @ Guruvammal Trust, Alwarpuram, Madurai North, Madurai.
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K.KUMARESH BABU , J.
Nsr 27.11.2024 6/6