Madras High Court
R.Thillairaj vs The District Registrar(Societies) on 9 September, 2019
Author: M.Sundar
Bench: M.Sundar
W.P(MD)Nos.17602, 18279 and 19275 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 09.09.2019
CORAM:
THE HONOURABLE MR.JUSTICE M.SUNDAR
W.P(MD)Nos.17602, 18279 and 19275 of 2019
and
W.M.P.(MD)Nos.14712, 14773 and 15697 of 2019
W.P.(MD)No.17602 of 2019
R.Thillairaj ... Petitioner
vs.
1.The District Registrar(Societies),
Administration,
Madurai South, Madurai-625 001.
2.The Madurai Jewellers &
Bullion Merchants Association,
No.64, West Chettiya Street,
South Avani Moola Street,
Madurai-625 001.
(represented by its Secretary) ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance
of a Writ of Mandamus, directing the first respondent to consider the the petitioner's
representation dated 15.07.2019 to take appropriate action for ensuring to participate
all the members whose name take place in the form VI of the second respondent
association and in accordance with the bye laws and for ensuring the holding of
election in a fair and free manner.
For Petitioner : Mr.T.Balarathinakumar
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W.P(MD)Nos.17602, 18279 and 19275 of 2019
For Respondents : Mr.M.Murugan
Government Advocate
for R.1
: Mr.R.Parthiban
for R.2
W.P.(MD)No.18279 of 2019
A.Sankaran ... Petitioner
vs.
1.The District Registrar(Societies),
Administration,
Madurai South, Madurai-625 001.
2. The Madurai Jewellers &
Bullion Merchants Association,
(Represented through Secretary)
No.64, West Chettiya Street,
South Avani Moola Street,
Madurai-625 001.
3.The Election Officer,
The Madurai Jewellers &
Bullion Merchants Association,
No.64, West Chettiya Street,
South Avani Moola Street,
Madurai-625 001. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance
of a Writ of Mandamus, directing the first respondent to ensure the free and fair
election scheduled to be held on 13.09.2019 for the Executive Committee of The
Madurai Jewellers & Bullion Merchants Association, based on the representation dated
09.08.2019.
For Petitioner : Mr.T.Balarathinakumar
for Mr.V.P.Rajan
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W.P(MD)Nos.17602, 18279 and 19275 of 2019
For Respondents : Mr.M.Murugan
Government Advocate
for R.1
: Mr.R.Parthiban
for R.2
: Mr.V.Meenakshi Sundaram
for R.3
W.P.(MD)No.19275 of 2019
N.Rajendran ... Petitioner
vs.
1.The District Registrar(Societies),
Administration,
Madurai South, Madurai-625 001.
2. The Madurai Jewellers &
Bullion Merchants Association,
Represented by its Secretary,
No.64, West Chettiya Street,
South Avani Moola Street,
Madurai-625 001.
3.N.R.V.Jawaharlar,
Advocate,
Election Officer,
Madurai Jewellers and Bullion,
Merchants Association, Madurai.
4.T.R.Raja,
Advocate,
Assistant Election Officer,
Madurai Jewellers and Bullion,
Merchants Association, Madurai. ... Respondents
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W.P(MD)Nos.17602, 18279 and 19275 of 2019
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance
of a Writ of Mandamus, directing the first respondent to consider the representation of
the petitioner dated 29.08.2019 and appoint an officer to supervise and conduct the
election to the second respondent Society and to restrict the voting rights to those
whose names are reflecting in the records of the first respondent under Form VI and
by disqualifying those who are liable to be disqualified under Rule 35 of the Byelaw of
the second respondent Society.
For Petitioner : Mr.G.Prabhu Rajadurai
For Respondents : Mr.M.Murugan
Government Advocate
for R.1
: Mr.R.Parthiban
for R.2
: Mr.V.Meenakshi Sundaram
for R.3 & R.4
COMMON ORDER
This common consent order will dispose of all these three writ petitions.
2. W.P.(MD)Nos.17602, 18279 and 19275 of 2019 shall hereinafter to be referred to as I Writ Petition, II Writ Petition and III Writ Petition respectively for the sake of convenience and clarity. Mr.T.Balarathinakumar, learned Counsel on record for the writ petitioner in I writ petition and also representing Counsel on record for the writ petitioner in II writ petition, Mr.G.Prabhu Rajadurai, learned Counsel on record for the writ petitioner in III writ petition, Mr.M.Murugan, learned Government Advocate, on behalf of the District Registrar of Societies, who is the first respondent in all three writ 4/12 http://www.judis.nic.in W.P(MD)Nos.17602, 18279 and 19275 of 2019 petitions, Mr.R.Parthiban, on behalf of the Madurai Jewellers & Bullion Merchants Association, which is the second respondent in all the three writ petitions and Mr.V.Meenakshi Sundaram, learned Counsel representing Counsel on record for respondents 3 and 4 in III writ petition as well as respondent No.3 in II writ petition are the array of Counsel before this Court and these Counsel effectively represent all the parties to lis in all these three writ petitions.
3. As mentioned supra, this is a consent order. Therefore, this order is being passed with the consent of aforesaid Counsel and such consent is on instructions from their respective parties.
4. There is no disputation or disagreement before this Court that all these three writ petitions arise out of a common factual matrix. Nucleus of these three writ petitions is a Society which goes by the name 'The Madurai Jewellers and Bullion Mechants Assocation' registered under the 'Tamil Nadu Societies Registration Act 1975 (Act 27 of 1975)' (hereinafter referred to as 'said Society and said Act respectively for the sake of convenience and clarity).
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5. The said Society was originally registered in the year 1945 and after advent of said Act by operation of Section 53 of the said Act, said Society continues to be an Society registered under said Act.
6. While said Society is the nucleus of these three writ petitions, central theme of the lis in these three writ petitions before this Court is election of 50 executive members qua said Society. This Court is informed without any disputation or disagreement that vide byelaws of said Society, 50 executive members are elected once in three years and those 50 elected executive members from amongst themselves shall elect various office bearers viz., President, Secretary, Treasurer etc.
7. This Court is also informed that the last of such election was held in the year 2016 and 50 elected executive members had elected office bearers to said Society amongst themselves and they held office till 29.08.2019. In other words, the last elected 50 executive members and the office bearers have completed their term. This has necessitated the conduct of election for electing 50 executive members who in turn will elect office bearers from amongst themselves for ensuing three years. For this purpose, the President and the honorary General Secretary of said Association issued notification dated 17.08.2019 appointing respondents 3 and 4 in III writ petition as election officers to conduct the election. Pursuant to such appointment, the election 6/12 http://www.judis.nic.in W.P(MD)Nos.17602, 18279 and 19275 of 2019 officers issued election notification dated 18.08.2019 wherein the calender drawn up for the election is as follows:
1. Ntl;G kD toq;fy; .. 20.08.2019 to 21.08.2019 Mfpa ,uz;L jpdq;fs;
fhiy 10.00 kzp Kjy; kjpak; 2.00 kzp tiu.
2. Ntl;G kD jhf;fy; .. 22.08.2019 to 24.08.2019 Mfpa %d;W jpdq;fs; nra;a Ntz;ba ehs;> ,lk; fhiy 10.00 kzp Kjy; kjpak; 2.00 kzp tiu Njh;jy; mYtyfk; : kJiu I_ty;yh;]; & Gy;ypad; nkh;r;nrz;l;]; mNrhrpNa\d; fl;bl tshfk;> 129-65> Nkyr; nrl;bnjU> njw;fhtzp %y tPjp> kJiu – 1.
3. Ntl;G kD ghPryid .. 25.08.2019 fhiy 10..00 kzp Kjy;
4. jFjpAs;s Ntl;ghsh; gl;bay;
ntspaPL .. 25.08.2019 khiy 6.00 kzp
5. Ntl;G kD thg]; .. 26.08.2019 fhiy 10.00 kzp Kjy; kjpak;
1.00 kzp tiu.
6. ,Wjp Ntl;ghsh; gl;bay; ntspaPL .. 26.08.2019 khiy 5.00 kzp
7. Njh;jy; ehs; kw;Wk; Neuk; .. 13.09.2019 fhiy 8.00 kzp Kjy; kjpak;
2.00 kzp tiu
8. Njh;jy; eilngWk; ,lk; .. kJiu I_ty;yh;]; & Gy;ypad;
nkh;r;nrz;l;]; mNrhrpNa\d; fl;bl tshfk;.
9. thf;Ffs; vz;zg;gl;L KbTfs;
mwptpf;fg;gLk; ehs; kw;Wk; Ntis .. 13.09.2019 - ,uT.
nraw;FO nkk;gh;fshf Nghl;bapl tpUk;Gfpd;w rq;f nghJf;FO nkk;gh;fs; midtUk; vOj;J %yk; rq;fj;jhy; eph;zapf;fg;gl;l Njh;jy; mjpfhhpaplk; njhpag;gLj;jp> jhd; jpUk;g ngw Kbahj njhifahf nraw;FO nkk;gh; gjtpf;F &. 3000-fl;lzj;ij mNrhrpNa]dpd; mYtyfj;jpy; nrYj;jp> mjw;Fwpa Njh;jy; gbtj;ij urPJld; rq;f mYtyfj;jpy; ngw;W> g+h;j;jp nra;J> g+h;j;jp nra;ag;gl;l Njh;jy; tpz;zg;gj;Jld; mjw;fhd urPijAk; ,izj;J> tpz;zg;gpf;f Ntz;ba fhy tuk;gpw;Fs; Njh;jy; mYtyfj;jpy;> Njh;jy; mYtyf Neuj;jpy; rq;fj;jpw;F jhNd Nehpilahf te;J jhf;fy; nra;a Ntz;Lk;.
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8. What is utmost significance is the list of members of said Society, who are eligible to vote in the election / polling on 13.09.2019 has also been published and there is no objection to the same. This submission is made in unison by all the Counsel before this Court. This is recorded. To be noted, this Court is informed that said Society consists of 1062 members in all and the electorate is from amongst them. Now that there is no disputation about the list of eligible members, who are eligible to vote or in other words, the list of electorate it is not necessary to delve further into those aspects of the matter.
9. It is in these circumstances, that these three writ petitions have been taken up for hearing.
10. In III writ petition, certain apprehensions have been expressed about respondents 3 and 4 functioning as election officers. Pivotal to said apprehension is a notice which is said to have been issued by the election officers in the nature of show cause notices to about 29 members. In the light of consent order that is now being passed, learned Counsel for the writ petitioner in III writ petition submitted on instructions that all apprehensions made in the nature of allegations against the respondents 3 and 4 are withdrawn. Mr.T.Balarathina Kumar, learned Counsel also, on instructions, submits that the allegations against the election officers in II writ petition 8/12 http://www.judis.nic.in W.P(MD)Nos.17602, 18279 and 19275 of 2019 are also withdrawn. These submissions made by respective learned Counsel on instructions from their respective parties are recorded.
11. From the calender / schedule for the ensuing polling on 13.09.2019, it will be clear that there are nine tiers qua schedule and out of 9 tiers, 7 tiers have been completed. To be noted 6th tier was completed on 26.08.2019. Further to be noted polling, counting of votes followed by declaration of results alone is to be done on 13.09.2019. In this regard, there is no disputation upto 8 tiers of the schedule that have already been completed.
12. The allegations against the election officers have also been withdrawn, i.e., in the light of consensus arrived at about appointing a retired judicial officer to act as election officer in place of respondents 3 and 4 in III writ petition, who now stand discharged.
13. It is unanimously agreed by consent of all parties that Mr.R.Sadayandi, retired Registrar of this Court, residing at Pannaiar Illam, Elumalai, Madurai – 625 535(Mobile No:9443460833) will be the election officer who will take charge forthwith, vide this order.
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14. Attention of this Court is drawn to Section 26(4) of said Act and if there is a request from the aforementioned election officer, District Registrar of Societies shall make a nomination in accordance with Section 26(4) of said Act. It is made clear that there shall be no nomination under Section 26(4) of said Act, if there is no request from the election officer. It is open to the election officer to appoint any person/s of his choice to assist him.
15. The parties will stand bound by the conduct of election for the said association for ensuing three year period by the aforesaid election officer, who has been appointed with consent / consensus.
16. Any fee / remuneration payable to the election officers who stand discharged vide this order (respondents 3 and 4 in III writ petition) shall be paid out by the office of the said Society.
17. Honorarium of the election officer now appointed is fixed at consolidated Rs.1,00,000/-(Rupees One Lakh only), which shall be paid by said Society directly to the Election Officer. If the election officer chooses to have assistance, the asistants shall be paid honorarium separately as fixed/directed by the election officer. To be 10/12 http://www.judis.nic.in W.P(MD)Nos.17602, 18279 and 19275 of 2019 noted, this honorarium is exclusive of all out of pocket expenses to the election officer and his assistants.
18. Mr.Ayiram K.Selvakumar, learned Additional Government Pleader was present in Court and this Court directs the learned State Counsel, to instruct police officials concerned and ensure that adequate police protection and assistance is provided to the election officer, if a request is made. If the election officer needs for police assistance, the same shall be made through the aforementioned learned Additional Government Pleader.
19. Any aspect of election viz., tiers 8 and 9 not covered by this order will be decided by the election officer and all the parties will stand bound by the decision of the election officer in this regard.
20. All the three Writ Petitions are disposed of with the above directions. There shall be no order as to costs. Consequently, the connected Miscellaneous Petitions are closed.
09.09.2019
Index : Yes / No
Internet : Yes / No
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W.P(MD)Nos.17602, 18279 and 19275 of 2019
M.SUNDAR,J.
SSL
To
The District Registrar(Societies),
Administration,
Madurai South, Madurai-625 001.
W.P(MD)Nos.17602, 18279 and 19275 of 2019
09.09.2019
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