Madras High Court
Dr.K.Sangli Vikram Kumar vs The State Of Tamil Nadu on 24 August, 2023
Author: N.Seshasayee
Bench: N.Seshasayee
W.P.No.25039 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.08.2023
CORAM
MR.JUSTICE N.SESHASAYEE
W.P.No.25039 of 2023
and
WMP.Nos.24464 & 24467 of 2023
Dr.K.Sangli Vikram Kumar ... Petitioner
Vs.
1.The State of Tamil Nadu
Represented by its Secretary
Department of Animal Husbandry and Veterinary Sciences
Fort St. George
Chennai 600 006.
2.The President
Veterinary Council of India
A-Wing, IInd Floor
B-August KrantiBhavan
BhikajiCama Place
New Delhi 110 066.
3.The Registrar
Tamilnadu State Veterinary Council
No.2, Pasumpon Muthuramalingam Street
Nandanam
Chennai 600 035.
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https://www.mhc.tn.gov.in/judis
W.P.No.25039 of 2023
4.The Returning Officer
Tamilnadu State Veterinary Council (TNSVC)
No.2, Pasumpon Muthuramalingam Street
Nandanam
Chennai 600 035. ... Respondents
PRAYER: The writ petition filed under Article 226 of the Constitution of India, to
issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the
impugned notification of fourth respondent dated 26.07.2023 and quash the same
with a consequential direction directing the respondents issue fresh notifications
for the elections for the forthcoming proposed Tamilnadu State Veterinary
Council Elections 2023 and conduct the same in the online mode.
For Petitioner : Mr.G.Babu
For Respondents : Mr.M.Bindran, for R1
Additional Government Pleader
: Mr.K.Sivaramalingam for R2, R3 & R4
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W.P.No.25039 of 2023
ORDER
The petitioner herein challenges the notification for election to the Veterinary Council, which was notified vide State gazette dated 26.07.2023. As per the schedule for the said Election, nomination was to take place between 02.08.2023 and 14.08.2023 and the final list of candidates was to be published on 23.08.2023 (yesterday).
2.The grievance of the petitioner is that the mode of election is through ballots and not through online and what presently happening is that syndicates are formed by collecting ballot papers from the eligible voters and the fair and the democratic process of election itself is hijacked and made a mockery of. The voters list are also been digitalised therefore the process must be easy for online election.
3.Mr.M.Bindran, learned Additional Government Pleader takes notice for first respondent and Mr.K.Sivaramalingam, learned counsel takes notice for the respondents 2 to 4.
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4.The petitioner's anxiety cannot be brushed aside. The election to any statutory body must be fair and it cannot be manipulated in any manner whatsoever. It is also necessary that the voters' conscience is not hijacked by any group of people.
Nor is it permissible to form syndicate. According to the petitioner any on-line election will ensure a fairness in the election.
5.The petitioner, it must be said, though has a noble intention yet has come before this Court too late in the day for this Court to intervene the election process. The petitioner is now required to prefer a representation to the concerned authority, who shall examine his grievances on its own merits and also in the light of what this Court has observed herein above and fashion such mode of election as would ensure that it is held fairly and in the spirit of democracy.
6.The writ petition is accordingly disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.
24.08.2023 pvs Index : Yes / No Neutral citation : yes/no 4/6 https://www.mhc.tn.gov.in/judis W.P.No.25039 of 2023 To
1.The Secretary Department of Animal Husbandry and Veterinary Sciences Fort St. George Chennai 600 006.
2.The President Veterinary Council of India A-Wing, IInd Floor B-August KrantiBhavan BhikajiCama Place New Delhi 110 066.
3.The Registrar Tamilnadu State Veterinary Council No.2, Pasumpon Muthuramalingam Street Nandanam Chennai 600 035.
4.The Returning Officer Tamilnadu State Veterinary Council (TNSVC) No.2, Pasumpon Muthuramalingam Street Nandanam Chennai 600 035.
5/6https://www.mhc.tn.gov.in/judis W.P.No.25039 of 2023 N.SESHASAYEE, J.
pvs W.P.No.25039 of 2023 and WMP.Nos.24464 & 24467 of 2023 24.08.2023 6/6 https://www.mhc.tn.gov.in/judis