Writ Appeal filed challenging an order not directing recount of votes in an election of a Sangam. Appeal found infructuous as ballots were handed over to the body. Issue on validity of Advocate Commissioner appointment left open.
Writ Appeal dismissed; issue on validity of Advocate Commissioner appointment left open for future cases.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.02.2017
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBBIAH AND
THE HONOURABLE MRS.JUSTICE J.NISHA BANU
W.A.[MD].No.124 of 2015 and
M.P.(MD)Nos.1 to 3 of 2015
: Appellants
Vs.
1.T.Thangamariappan
Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti, Tuticorin District.
Tuticorin District.
6.The Inspector of Police, Kovilpatti West Police Station, https://hcservices.ecourts.gov.in/hcservices/ Kovilpatti, Tuticorin District. : Respondents
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PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the order of a learned Single Judge of this Court dated 23.01.2015 in M.P.(MD)No.3 of 2015 in W.P.(MD).No.17302 of 2014.
Prayer in MP(MD). 3/ 2015 in WP(MD).17302/2014 :
To grant an order of interim direction directing the Advocate Commissioner appointed by this Honourable Court in the above writ petition to recount the votes polled by manually pursuant to the election held on 28.12.2014 for the 50 executive committee members to the Kovilpatti Nadar Uravinmurai Sangam, Kovilpatti.
Prayer in WP(MD). 17302/ 2014 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a writ of Mandamus directing the 2nd respondent to nominate an officer in the office of the 2nd respondent to conduct the election of office bearers of the 3rd respondent sangam in the forthcoming General Body Meeting in accordance with the decisions of this Honorable Court in W.P(MD) No.14140 of 2014 and 15101 of 2014 and the provisions of Tamil Nadu Societies Registration Act, 1975 and consequently direct the 5th respondent to provide police protection for the above said election within the time that may be stipulated by this Honble Court.
For Appellants : Mr.T.Lajapathi Roy For Respondent No.1 : Mr.M.Ajmal Khan, Senior Counsel For Mr.A.Balaji
For Respondents 2,3&6: Mr.N.S.Karthikeyan,
Additional Government Pleader For Respondents 4&5 : Mr.K.Seemaraj
JUDGMENT
[Judgment of the Court was delivered by R.SUBBIAH, J.]
This Writ Appeal is directed as against the order of this Court dated 23.01.2015, made in M.P.(MD)No.3 of 2015 in W.P.(MD). No.17302 of 2014.
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"8. Mr.V.Sitharanjan Das, learned counsel was appointed as Advocate Commissioner, who has done his work and the election is over. Therefore, if the petitioners herein are aggrieved, they are at liberty to move the appropriate forum for appropriate relief and the observations made either in the order dated 29.10.2014 or in this order will not stand in the way of the petitioners from challenging the election. It is, at this point of time, the learned counsel appearing for the petitioners would submit that the petitioners herein are not objecting to the election and their objections relate to mode of counting the votes."
https://hcservices.ecourts.gov.in/hcservices/ 7. The said submission was opposed by the learned Senior Counsel appearing for the first respondent stating that with
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regard to the election to the Sangam, already a civil suit is pending before the District Munsif Court, Kovilpatti. Further, there is a direction by the learned Single Judge to the Registry of this Court to keep the ballot papers in safe custody only for a period of six months and thereafter, to hand over the ballot papers to the Sangam concerned, after obtaining necessary authentication. Now, the ballot papers were also handed over to the Sangam. As such, there is no need to appoint the Advocate Commissioner for the purpose of counting of votes.
No costs. Consequently, the connected miscellaneous petitions are closed.
Sd/-
Assistant Registrar(R)
/True Copy/
Sub Assistant Registrar
SML
To
1.The Inspector General of Registration, O/o. Inspector General of Registration, No.100, Santhome High Road,
https://hcservices.ecourts.gov.in/hcservices/ Mandaiveli,
Chennai-600 028.
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2.The District Registrar, O/o. District Registrar, Kokarakulam, Tirunelveli District. 3.The Inspector of Police, Kovilpatti West Police Station, Kovilpatti, Tuticorin District. +1cc to Spl.Government Pleader Sr.No. 8947 +1cc to Mr.K.Seemaraj,Advocate Sr.No. 8742 +1cc to Mr.T.Lajapathi Roy, Advocate Sr.No. 8907 JAM/07.03.17 /PM-PN/SAR 2/5p-7c
JUDGMENT MADE IN W.A.(MD)No.124 of 2015
Dated: 16.02.2017
2 issues framed by the court
Whether an appeal can be adjudicated upon when ballot papers have already been handed over to the associative body?
Whether appellants should be permitted to agitate the issue regarding the validity of the appointment of an Advocate Commissioner for conducting the election?
Prabhakaran Nadar and others
T.Thangamariappan
The Inspector General of Registration
The District Registrar
The President, Kovilpatti Nadar Uravinmurai Sangam
The Secretary, Kovilpatti Nadar Uravinmurai Sangam
R.SUBBIAH
J.NISHA BANU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
