Dismissed

V.Rathinakumar v. Union of India

Madras HC6 Mar 2020WP/5827/2020

Case brief

AI extract

What is this about?

This order dismisses a writ petition seeking to quash a notification for the election of members to the State Pharmacy Council of Pondicherry and conduct fresh elections. The court held the petition is not maintainable because an election petition challenging the same election is already pending before the High Court, mandating the petitioner to exhaust that remedy.

What the court decided

AI extract

V.Rathinakumar Vs Union of India — Constitutional and Fundamental Rights | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 06.03.2020

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CORAM

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THE HON'BLE MR. JUSTICE K.RAVICHANDRABAABU

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W.P.No.5827 of 2020

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and

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W.M.P.Nos.6827 & 6829 of 2020

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V.Rathinakumar S/o.S.Vaidyanathan

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Pugazhenthi S/o.Tirounavalane ...Petitioners

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Vs.

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1.Union of India Represented by its Chief Secretary to Government Government of Pondicherry

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Chief Secretariat, Pondicherry.

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2.The Secretary to Government Department of Health and Family Welfare Government of Puducherry Puducherry.

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3.The Registrar Pondicherry Pharmacy Council Indira Nagar, Gorimedu, Puducherry.

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4.The Returning Officer - cum - Junior Accounts Officer Directorate of Health and Family Welfare Service Government of Pondicherry Pondicherry.

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5.M.Anbuselvan

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6.A.Jaganathan

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7.R.Jayapragash

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8.S.Kavimani

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Page No. 1/3

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https://hcservices.ecourts.gov.in/hcservices/

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9.P.Sathiamurthi

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10.B.Vinoth Kumar ...Respondents

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Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order published in Government Gazette Notification dated 13.12.2018, vide No.PPC/Election/18-19/5, issued by the 4th respondent and quash the same and further direct the respondents to conduct fresh Election for electing members to the State Pharmacy Council of Pondicherry, strictly contemplating to the provisions of the Pondicherry Pharmacy Council Rules, 1972, in a demarcating manner.

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For Petitioners : Mr.B.Balavijayan For Respondents : Mr.B.Nambiselvam Additional Government Pleader (P) for R1 to R4

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O R D E R

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This writ petition is filed seeking for the following relief:

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To call for the records pertaining to the impugned order published in Government Gazette Notification dated 13.12.2018, vide No.PPC/Election/18-19/5, issued by the 4th respondent and quash the same and further direct the respondents to conduct fresh Election for electing members to the State Pharmacy Council of Pondicherry, strictly contemplating to the provisions of the Pondicherry Pharmacy Council Rules, 1972, in a demarcating manner.

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Heard the learned counsel for the petitioners and perused the materials placed before this Court.

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The petitioners seek to challenge the election conducted to the State Pharmacy Council of Pondicherry. It is seen that after conducting such election, the same was notified in the Government Gazettee on 13.12.2018. It is an admitted fact that the petitioners have already filed a election petition before the second respondent and the same is pending.

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When such being the factual position, it is not known as to how the present writ petition is filed challenging the very same election before this Court. Needless to state that the

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Page No. 2/3

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https://hcservices.ecourts.gov.in/hcservices/

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petitioners have to work out their remedy before the second respondent, where the election petition is pending. Therefore, without expressing any view on the merits of the matter, this Writ Petition is dismissed as not maintainable, in view of the pendency of the election petition already filed before the second respondent. No costs. Consequently, connected miscellaneous petitions are closed.

-s/d-

Assistant Registrar

True Copy

Sub-Assistant Registrar

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1.The Chief Secretary to Government

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Union of India

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Government of Pondicherry

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Chief Secretariat, Pondicherry.

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2.The Secretary to Government

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Department of Health and Family Welfare

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Government of Puducherry Puducherry.

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3.The Registrar Pondicherry Pharmacy Council Indira Nagar, Gorimedu, Puducherry.

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4.The Returning Officer - cum - Junior Accounts Officer Directorate of Health and Family Welfare Service Government of Pondicherry Pondicherry.

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+1 cc to Mr.B.Bala Vijayan Advocate sr20404

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+1 cc to the Government Pleader sr20382

W.P.No.5827 of 2020

aa14/07/2020

Page No. 3/3

https://hcservices.ecourts.gov.in/hcservices/

V.Rathinakumar v. Union of India

Case brief

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What the court decided

V.Rathinakumar v. Union of India

Case brief

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