1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.07.2011 CORAM: THE HONOURABLE MR.JUSTICE R.SUDHAKAR WP(MD)No.8412 of 2011 and MP(MD)No.1 of 2011 A.Nedunchzian :Petitioner -Vs- 1.The District Registrar, Registrar of Societies Madurai South, Palace Road, Madurai-1. 2.The Victoria Edward Hall, 32-B, Westveli Street, Madurai-1. represented by its Secretary. 3.I.Jayaraman, Election Officer of the Victoria Edward Hall Election for the year 2011, 32-B, West Veli Street, Madurai-1. 4.V.Murugan, Election Officer of the Victoria Edward Hall Election for the year 2011, 32-B, West Veli Street, Madurai-1. 5.M.Balamurugan, Election Officer of the Victoria Edward Hall Election for the year 2011, 32-B, West Veli Street, Madurai-1. :Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the first respondent to conduct a fair and free election for the managing committee of the Victoria Edward Hall for the period from 2011-2014 as demanded in my representation dated 01.06.2011 made to the first respondent in consonance with the orders of the civil Court in O.S.No.855 of 2008 on the file of the Principal District Munsif, Trichy as well as in I.A.No.393 of 2011 in A.S.No.86 of 2011, on the file of the I Additional Sub Judge, Trichy. For Petitioner :Mr.V.Ramakrishnan For Respondents :Mr.M.Govindan, Special Government Pleader for R.1 :Mr.G.R.Swaminathan for R.2 ORDER This Writ Petition has been filed by the petitioner for a Writ of Mandamus to direct the first respondent to conduct a fair and free election for the managing committee of the Victoria Edward Hall for the period from 2011-2014 as demanded in his representation dated 01.06.2011 made to the first respondent in consonance with the orders of the civil Court in O.S.No.855 of 2008 on the file of the Principal District Munsif, Trichy as well as in I.A.No.393 of 2011 in A.S.No.86 of 2011, on the file of I Additional Sub Judge, Trichy. 2.Heard Mr.V.Ramakrishnan, learned counsel for the petitioner, Mr.M.Govindan, learned Special Government Pleader, who takes notice for the first respondent and Mr.G.R.Swaminathan, who takes notice for the second https://hcservices.ecourts.gov.in/hcservices/ 2 respondent. In view of the nature of order to be passed, notice to other respondents is dispensed with. 3.By consent, the writ petition itself is taken up for final disposal. 4.The learned Counsel for the petitioner states that the Management Committee has issued a notification on 06.06.2011 to conduct election for electing office bearers of the Managing Committee of the Victoria Edward Hall/second respondent. The learned Counsel for the petitioner further states that there is an order passed by I Additional Sub Court, Trichy in I.A.Nos.393 to 395 of 2011 in A.S.No.86 of 2011 in respect of the election issue. He further states that a specific direction has been issued to the first respondent in that order and therefore, a direction should be issued to the first respondent in terms of the order of the civil Court. 5.In view of the admitted position as above, this Court is not inclined to grant the relief as sought for by the petitioner as no further order is required to be passed in view of the judicial order already in force. The petitioner has to pursue the matter either before the appellate Court or challenge the election in appropriate proceedings, if the election is not conducted in the manner prescribed. 6.This Court is not inclined to interfere with the election process that has commenced. The election is to be conducted within 48 hours from today i.e. on 31.07.2011. The petitioner, however, is at liberty to challenge the election proceedings before the appropriate forum, as may be advised at the appropriate stage. At this juncture, the learned Counsel for the petitioner pleaded for a fair and trouble free election, by an order of this Court. 7.The learned Counsel for the second respondent, on instructions, fairly states that the election will be conducted in a fair and proper manner and if necessary, police protection will be taken. The submission of the learned Counsel for the second respondent is recorded. 8.Granting liberty as above, this writ petition is dismissed Consequently, the connected miscellaneous petition is also dismissed. No costs. Sd/- Assistant Registrar (P&A) / TRUE COPY / Sub Assistant Registrar To: 1.The District Registrar,Registrar of Societies, Madurai South, Palace Road, Madurai-1. 2.The Secretary, The Victoria Edward Hall, 32-B, West veli Street, Madurai-1 3.The I Additional Subordinate Judge, Tiruchi. 4.The Principal District Munsif, Tiruchi. +1CC to Mr.G.R.Swaminathan, Advocate. SR.No.25243. Ssl W.P(MD)No.8412 of 2011 and M.P.(MD)No.1 of 2011 RP/29.07.2011/2P/6C. 29.07.2011 https://hcservices.ecourts.gov.in/hcservices/