Dismissed

Arunagiri.R v. The District Registrar (Administration)

Madras HC10 Jan 2023WP(MD)/566/2023

Case brief

AI extract

What is this about?

This short order disposes of a writ petition questioning an election under Art. 226. The Court held that declaring an election null and void is a civil matter requiring a civil suit, dismissing the writ prayer. Liberty was granted to file a civil suit within eight months. Connected miscellaneous petitions were closed.

What did the court decide?

Liberty granted to file a civil suit; writ petition disposed of without costs; connected miscellaneous petitions closed.

Arunagiri.R Vs The District Registrar (Administration) — Writ and Judicial Review | Madras HC (2023)

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W.P(MD)No.566 of 2023

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R.Arunagiri

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.01.2023 CORAM

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THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.566 of 2023

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and

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WMP(MD)Nos.567 & 568 of 2023

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... Petitioner

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1.The District Registrar (Administration), District Registrar Office, Chennai (south zone), Industrial Estate, Guindy, Chennai.

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2.Tamilnadu Senaithalaivar Mahajana Sangam, Rep.by its General Secretary, 22, Habibullah Road, T.Nagar, Chennai – 17.

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3.K.R.Krishnamoorthy, State President, Tamil Nadu Senaithalaivar Mahajana Sangam, 22, Habibullah Road, T.Nagar, Chennai – 17. ... Respondents

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Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings issued by the 1^st respondent order No.3067/E2/2021 dated 07.12.2022 quash the same and consequently direct the 1^st respondent to declare the election of the 3^rd respondent as state president of the sangam as null and void.

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For Petitioner : Mr.F.Deepak For Respondents : Mr.S.Shanmugavel,

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Additional Government Pleader for R1 R2 & R3 – Notice Dispensed with ORDER

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Heard the learned counsel for the petitioner and the learned Additional Government Pleader for the first respondent. Considering the nature of relief to be granted, notice to R2 & R3 is dispensed with.

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2.The petitioner questions the impugned order passed by the first respondent and wants this Court to direct the first respondent to declare the election of the third respondent as State President https://www.mhc.tn.gov.in/judis of the petition mentioned Sangam as null and void. The said relief

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W.P(MD)No.566 of 2023

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cannot be granted in writ proceedings. The petitioner has to necessarily move the jurisdictional civil court for relief. Granting said liberty to the petitioner, this writ petition is disposed of. If the petitioner files any civil suit as indicated above, the same will be disposed of on merits and in accordance with law after due notice to all the interested parties within a period of eight months from the date of receipt of copy of this order. No costs. Connected miscellaneous petitions are closed.

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Assistant Registrar (CS III)

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(*)Corrected as per the order dated 23.02.2023

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// True Copy //

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/02/2023 Sub Assistant Registrar(CS)

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SKM

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(*) TO be substituted the order already despatched on 03.02.2023

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The District Registrar (Administration),

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District Registrar Office, Chennai (south zone), Industrial Estate, Guindy, Chennai.

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(*)Copy to

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The Section Officer, E.R.Section, Madurai Bench of Madras High Court, Madurai

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+1 CC to M/s.F.DEEPAK, Advocate ( SR-1727[F] dated 10/01/2023 ) +1 CC to M/s.SPL.GP ( SR-2045[F] dated 11/01/2023 )

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W.P(MD)No.566 of 2023 and WMP(MD)Nos.567 & 568 of 2023 10.01.2023

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ED(31.01.2023) 2P 4C KB(01.03.2023) 2P 5C

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https://www.mhc.tn.gov.in/judis

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Arunagiri.R v. The District Registrar (Administration)

Case brief

What is this about?

What did the court decide?

Arunagiri.R v. The District Registrar (Administration)

Case brief

What is this about?

What did the court decide?

What the court decided

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