Madras High Court
Administrative Complex vs Pondicherry University on 3 January, 2019
Author: T.Raja
Bench: T.Raja
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.01.2019
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
W.P.No.23161 of 2016
Pondicherry University Non-Teaching
Staff Welfare Association
rep.by its President Mr.M.Pannirselvame
Reg.No.237/1989
Administrative Complex
R.V.Nagar
Pondicherry University
Kalapet .. Petitioner
-vs-
1. Pondicherry University
rep.by its Registrar
R.Venkataraman Nagar
Kalapet, Puducherry 605 014
2. Thiru K.Kaliaperumal
3. Dr.L.Veerappan
4. S.Arivazhagan
5. P.Ramalingam
6. K.Anbalagan
7. Singaravelu
8. Mrs.Pitchiammal K.
9. N.Punithavadhi
10.R.Jeeva
11.G.Pandiyarajan
12.S.Irudayaraju
13.M.Perumal
14.R.Akkumuttan
15.N.Arumugam
16.M.Sellappan
17.G.Janakiraman
http://www.judis.nic.in
2
18.The Assistant Registrar
(Planning and Development Section)
Election Officer
Pondicherry University
Kalapet, Puducherry
19.The Registrar of Companies
35, 3rd Cross, Elango Nagar
Puducherry-11
20.The Branch Manager
Indian Bank
Pondicherry University Branch
Puducherry-14 .. Respondents
Petition under Article 226 of the Constitution of India, praying for the
issue of a Writ of Certiorarified Mandamus, calling for the records pertaining to
the order dated 27/31.5.2015 in Ref.No.PU/ESTT/NT 10/2016-17, the order
dated 24.6.2016 in Ref.No.PU/ESST/NT 10/2016-17/22 and the order dated
24.6.2016 in reference No.PU/ESTT/NT 10/2016-2017/24 issued by the first
respondent, the election notification dated 15.6.2016 issued by the second and
third respondents in PUNTSWA/2016-2017/Election in the name of the petitioner
association and the election conducted and the results declared by the 18th
respondent on 1.7.2016 and the election certificate issued by him, quash the
same and consequently direct the first respondent and respondents 19 and 20 to
recognize only the office bearers elected by the petitioner association based on
the decision taken by the general body on 10.6.2016 and based on the election
notification dated 17.6.2016 issued by the ad-hoc committee appointed by the
general body and the election certificate issued by the election officers dated
24.6.2016 who were appointed by the ad-hoc committee of the petitioner
association for all purposes; direct the respondents 2 to 17 to handover forthwith
all the records, registers, forms, bank account, pass books etc., with due
accounts to our association.
For Petitioner :: Mr.V.Ajoy Khose
For Respondents :: Mr.Stalin Abhimanyu for R1 & 18
Mr.Balan Haridas for R2 to 17
No appearance for R19 & 20
ORDER
Mr.V.Ajoy Khose, learned counsel for the petitioner association submitted that there cannot be any denial or rebuttal on the part of the first http://www.judis.nic.in 3 respondent University or equally on the part of the second respondent and other members to face the elections for the purpose of electing the office bearers, as per the bye-laws. Therefore, if the University comes forward to prepare the latest eligible voters' list as per the bye-laws, no one shall have any grievance.
2. Mr.Balan Haridas, learned counsel for the respondents 2 to 17, filing a detailed counter affidavit, opposing the prayer, submitted that the petitioner cannot come to this Court to agitate any dispute relating to the election of office bearers of the association. He has also submitted that the petitioner cannot even maintain the writ petition, since the Executive Council passed a resolution to suspend Mr.M.Pannirselvame and the order of suspension was also sent to him by post on 10.6.2016, which has not been till date questioned. Hence the claim of the petitioner, as if he is the President of the association, is devoid of any merit. However, Mr.Balan Haridas finally stated that the respondents 2 to 17 have no hesitation to take part in the election process, as they are prepared to elect their office bearers, so as to negotiate with the respondent University.
3. Mr.Stalin Abhimanyu, learned counsel for the respondent University urged this Court to dismiss the writ petition on the ground that since there has been a dispute between the petitioner and the respondents 2 to 17 as to whether the bye-laws and the CCS(RSA) Rules will apply or not, this is a matter to be decided only by a competent civil Court and not by this Court sitting under Article 226 of the Constitution. However, the learned counsel for the respondent http://www.judis.nic.in 4 University submitted that since a new Vice-Chancellor has taken over charge, the apprehension made by the petitioner is untenable, as he will ensure to hold the fresh elections in the manner known to law.
4. Since the learned counsel for the petitioner and the learned counsel for the respondents 2 to 17 jointly made a statement that if the respondent University prepares the voters' list on the basis of the bye-laws read with O.M.No.2/5/1994-JCA dated 28.7.94 under CCS (RSA) Rules, which mandate the holding of fresh elections within a period of three months of the expiry of the term, this Court, without going to the merits of the matter, recording the statement made by the learned counsel for the respondent University that the new Vice-Chancellor will ensure to hold fresh elections in the manner known to law, directs the first respondent University to hold the fresh elections to elect the office bearers of the petitioner association in the manner known to law. With this direction, the writ petition stands disposed of. Consequently, W.M.P.Nos.19861 and 19862 of 2016 are closed. No costs.
Speaking/Non speaking order 03.01.2019 Index : yes/no ss http://www.judis.nic.in 5 To
1. The Registrar Pondicherry University R.Venkataraman Nagar Kalapet Puducherry 605 014
2. The Assistant Registrar (Planning and Development Section) Election Officer Pondicherry University Kalapet, Puducherry
3. The Registrar of Companies 35, 3rd Cross, Elango Nagar Puducherry-11
4. The Branch Manager Indian Bank Pondicherry University Branch Puducherry-14 http://www.judis.nic.in 6 T.RAJA, J.
ss W.P.No.23161 of 2016 03.01.2019 http://www.judis.nic.in