Madras High Court
K.Vishnukumar vs The Registrar Of Societies on 24 July, 2025
Author: N.Anand Venkatesh
Bench: N. Anand Venkatesh
1/7 WP No. 27649 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-07-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH
WP No. 27649 of 2025
WMP Nos. 30976 & 30979 of 2025
K.Vishnukumar Petitioner(s)
Vs
1. The Registrar of Societies
No.170. M.V. Natarajan Maligai,
E.V.R. Periyar High Road,
Kilpauk, Chennai-600 106
2.The Deputy Registrar of Societies
Rajaji Salai, Chennai-600 001
3.All India SC/ST Association Of IOB Employees
Administrative Office,
IOB Gemini Circle Branch,
Karunaikudil Complex, Ground Floor,
Gopalapuram, Chennai-600 086
4.Election Committee
All India SC/ST Association Of IOB
Employees,
Rep. By Its Chairman A. Krishnan,
IOB Gemini Circle Branch,
Karunaikudil Complex, Ground Floor,
Gopalapuram, Chennai-600 086
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/07/2025 08:21:00 pm )
2/7 WP No. 27649 of 2025
5.Indian Overseas Bank
Central Office,
Rep. By Its General Manager,
No.763, Anna Salai, Chennai-600 002
6.T. Ravikumar
President All India SC/ST Association
Of IOB Employees,
Administrative Office,
IOB Gemini Circle Branch,
Karunaikudil Complex, Ground Floor,
Gopalapuram, Chennai-600 086
7.Sreedhar Swamy Dola
General Secretary,
All India SC/ST Association Of IOB
Employees,
Administrative Office,
IOB Gemini Circle Branch,
Karunaikudil Complex, Ground Floor,
Gopalapuram, Chennai-600 086
Respondent(s)
PRAYER Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorarified Mandamus, calling for the records in
connection with the Notice for General Council/Election, bearing reference
No.Cir/GC/1/2025 dated 12.05.2025 and the subsequent Election Notification
issued by the All India SC/ST Association of IOB Employees, the 3rd
Respondent herein, recognized by the management of IOB, under circular
No.Ref. Cir/Elec/1/2025, dated 13.05.2025 and quash the same and further
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/07/2025 08:21:00 pm )
3/7 WP No. 27649 of 2025
direct the 1st and 2nd Respondents to investigate and verify the members list of
the 3rd Respondent Association and further direct the 3rd Respondent All India
SC/ST Association of IOB Employees to conduct the election in a fair and
democratic manner as per the provision of the bye laws after furnishing the
members list to the members and elect the delegates by appointing the neutral
Election Committee and issue such further or other appropriate orders or
directions as this Court.
For Petitioner(s): Mr.K.Sudalai Kannu
For Respondent(s): Mr.Stalin Abhimanyu
Additional Government Pleader
for R1 and R2
ORDER
This writ petition has been filed challenging the election notification dated 12.05.2025 and the subsequent notification dated 13.05.2025 and for a direction to the 1st and 2nd respondents to investigate and verify the members list of the 3rd respondent Association and further direct the 3rd respondent to conduct the election in the fair and democratic manner as per the provision of the bye laws after furnishing the members list to the members and elect the delegates by appointing neutral Election Committee.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/07/2025 08:21:00 pm ) 4/7 WP No. 27649 of 2025
2.Heard Mr.K.Sudalai Kannu, learned counsel appearing on behalf of the petitioner and Mr.Stalin Abhimanyu, learned Additional Government Pleader appearing on behalf of respondents 1 and 2.
3.In the considered view of this Court, this Court will not exercise its jurisdiction under Article 226 of the Constitution of India in any election dispute. This is in view of the fact that every election dispute will have disputed questions of fact and it cannot be decided in a writ petition. Therefore, appropriate forum to be approached is only a competent Civil Court which will have the advantage of collecting facts and appreciating the evidence. This is more so since there is a trend adopted by challenging elections at the nick of the moment when the election is on the next day or within a couple of days.
Therefore, liberty is granted to the petitioner to approach the competent Civil Court and question the election process and if really there is any illegality committed in the preparation of the members list etc., the same can always be gone into by the competent Civil Court.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/07/2025 08:21:00 pm ) 5/7 WP No. 27649 of 2025
4.This writ petition is disposed of in the above terms. No Costs.
Consequently, connected miscellaneous petitions are closed.
24-07-2025 Note: Issue Order Copy on 24.07.2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No ssr https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/07/2025 08:21:00 pm ) 6/7 WP No. 27649 of 2025 To
1. The Registrar of Societies No.170. M.V. Natarajan Maligai, E.V.R. Periyar High Road, Kilpauk, Chennai-600 106
2.The Deputy Registrar of Societies Rajaji Salai, Chennai-600 001 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/07/2025 08:21:00 pm ) 7/7 WP No. 27649 of 2025 N.ANAND VENKATESH J.
ssr WP No. 27649 of 2025 24-07-2025 https://www.mhc.tn.gov.in/judis ( Uploaded on: 24/07/2025 08:21:00 pm )