Petitioner sought appointment of a retired District Judge to conduct an election after the Tahsildar refused authorization citing law and order problems. The court appointed a judge and directed respondents to assist.
Appointment of Mr.C.Raghavan as Chief Election Officer; fixing Rs.1,00,000 remuneration; directing Superintendent of Police to depute help.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.07.2018
CORAM:
THE HON'BLE MR. JUSTICE T.RAJA
W.P.No.16091 of 2018
S.Manoharan .. Petitioner
Vs
1.The Tahsildar,
Chidambaram Taluk,
Chidambaram District.
2.The Superintendent of Police,
Cuddalore District,
Cuddalore.
3.The Deputy Superintendent of Police,
Chidambaram,
Cuddalore District.
4.The Inspector of Police,
Annamalai Nagar,
Chidambaram,
Cuddalore District.
5.P.Natesan
6.C.G.Raghu .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to call for the records relating to the proceedings in Na.Ka.A2/1972/2018, dated 18.06.2018, on the file of the first respondent and quash the same and consequently appoint a retired District Judge as a Chief Election Officer to conduct the Annamalai University Employees Association Election 2018 at Annamalai University Campus, Annamalai Nagar, Chidambaram, on 27.06.2018 or on any date fixed by him.
For petitioner : Ms.Dakshayani Reddy for Mr.S.Sithirai Anandam
For R1 to R4 : Mr.V.Jayaprakash Narayanan, Spl.GP For R5 : Mr.K.P.Jotheeswaran For R6 : Mr.S.Giritharan
O R D E R
By way of filing this writ petition, the petitioner, who is the President of the Annamalai University Employees Association, seeks to quash the impugned proceedings dated 18.06.2018 of the first respondent / the Tahsildar, Chidambaram directing the Association not to conduct the election citing law and order problem. He further sought for a direction to appoint a retired District Judge as the Chief Election Officer to conduct the Annamalai University Employees Association Election, 2018.
(a) this Court hereby fixes a sum of Rs.1,00,000/- as remuneration to the learned Judge payable by the petitioner Association.
(b) the learned Judge shall make out an application before the Superintendent of Police, Cuddalore, seeking police assistance for conducting the election in a peaceful manner and on receipt of such application, the Superintendent of Police, Cuddalore, shall depute responsible police personnel for the said purpose.
(c) the learned Judge is at liberty to approach the University Authorities for any assistance on the administrative side and the said Authorities shall cooperate with the learned Judge in all aspects. All the Members of the petitioner Association are hereby directed to cooperate with the learned Judge to conduct their election.
rkm
Sd/-
Assistant Registrar(CS VII)
//True Copy//
Sub Assistant Registrar
To
4.The Inspector of Police, Annamalai Nagar, Chidambaram, Cuddalore District.
Copy to:Mr.C.Raghavan(former Principal District Judge) Door.No.3, Ponnusamy Street, Royapettah, Chennai 600 014 Ph.No.9444219663
+1cc to M/s.S.Sithirai Anandam, Advocate SR.No.47134 +1cc to M/s.S.Giritharan, Advocate Sr.No.47110
RJI(CO)
sm:19.7.2018
W.P.No.16091 of 2018
2 issues framed by the court
Whether to appoint a retired District Judge as Chief Election Officer to conduct the election amidst law and order apprehensions.
Whether to grant relief in the form of appointing an independent election officer for the Annamalai University Employees Association Election 2018.
S.Manoharan
The Tahsildar, Chidambaram Taluk, Chidambaram District
The Superintendent of Police, Cuddalore District, Cuddalore
The Deputy Superintendent of Police, Chidambaram, Cuddalore District
The Inspector of Police, Annamalai Nagar, Chidambaram, Cuddalore District
P.Natesan
T.Raja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
