Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2005 Supreme(Mad) 1535

High Court of Judicature at Madras
THE HONOURABLE CHIEF JUSTICE MR. MARKENDEY KATJU & THE HONOURABLE MR. JUSTICE A. KULASEKARAN
C.M.S.Evangelical Suvi David Memorial Hr.Sec.School Committee & Another - Appellant
Versus
The District Registrar & Others - Respondents
Writ Appeals No.2969 of 2001 & 331 of 2002
Decided On : 14 September 2005

Advocates Appeared: For the Appellant:A.R. Nixon, for S. John Sundarlal, N. Paul Vasanthakumar, Advocates. For the Respondent:S. Kandasamy, Special Government Pleader, R2 T. Sellapandian, Advocate, R3 No appearance.

The court cannot interfere in the election process until the election result is declared, and the election can only be challenged through specified legal procedures.

Headnote:
Election Challenge - School Committee - The court held that once the election process has started, the Court cannot interfere, and it is only when the election result is declared that the election can be challenged by filing an election petition or by filing a civil suit if there is no provision for an election petition.
Fact of the Case:

The writ petitioners challenged the election of the school committee of the society and also educational agency.
Finding of the Court:

The writ appeals are dismissed with liberty to file civil suits. The appellants can also challenge the order of the Registrar in the civil suit subject to the objections that may be raised by the respondents.
Issues: Challenge to election process and result
Ratio Decidendi: Once the election process has started, the Court cannot interfere, and it is only when the election result is declared that the election can be challenged by filing an election petition or by filing a civil suit if there is no provision for an election petition.
Final Decision: The writ appeals are dismissed on the ground of alternative remedy.

Judgment :-

(Writ Appeals filed against the common order of a learned single Judge made in W.P.No.20121 of 2000 and 1701 of 2001 dated 11-12-2001.)

Markendey Katju, C.J

These writ appeals have been filed against the common order of the learned single Judge dated 11.12.2001. Heard the learned counsel for the parties.

2. The facts in detail have been given in the judgment of the learned single Judge and hence we are not repeating the same. The writ petitioners challenged the election of the school committee of the society and also educational agency.

3. It had been held by a Division Bench of this Court in the case of S.Thamil Arasan v. R.Narayanan 2005 (1) CTC 399 that once the election process has started, the Court cannot interfere, and it is only when the election result is declared that the election can be challenged by filing an election petition, if provided under the rules, or by filing a civil suit, if there is no provision in the rules for filing an election petition. The same view has been taken by a Full Bench of this Court in the case of CMS Evangelical Suvi David Memorial Higher Secondary School v. The District Registrar, Cheranmahadevi, 2005 (2) CTC 161.

4. Following the said judgments, these appeals are dismissed with liberty to file civil suits. We make it clear that the appellants can also challenge the order of the Registrar dated 13.11.2000 in the civil suit subject to the objections that may be raised by the respondents.

5. The writ appeals are dismissed on the ground of alternative remedy.

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Judicial Analysis