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2015 Supreme(Mad) 2109
IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. RAVICHANDRABAABU
Vishal Krishna & Others – Petitioner
Versus
South Indian Artistes Association & Another – Respondent
A. Nos. 3796 & 3797 of 2015 in C.S.No. 465 of 2015 & O.A.No. 625 of 2015 & A.No. 4019 of 2015 in C.S.No. 495 of 2015
Decided on : 26-06-2015
Advocate Appeared:
For the Applicants :M. Ravindran, Senior Counsel for M/s. Krishna Ravindran, M. Dhandapani, Advocate.
For the Respondents:Rupert J. Barnabas, Advocate.
Headnote:
Code of Civil Procedure, 1908 – Section 92 – Election Notification – Plaintiffs in the suit are the applicants in these applications. – They have filed the abovesaid suit for a declaration to declare the Election Notification, dated 05.06.2015 issued by the defendant-Association as null and void and consequently, to appoint an Election Officer to conduct a free and fair election. – Pending suit, A.No.3796 of 2015 is filed for appointment of an Election Officer to conduct the election of the defendant-Association, and A.No.3797 of 2015 is filed for staying the operation of the Election Notification, dated 05.06.2015 and consequently, all further proceedings pursuant to the impugned Election Notification, dated 05.06.2015. – Held, When once the election process is commenced, the same will not be stalled by Courts, unless there is a compelling circumstance warranting to do so. – At the same time, apart from raising other issues, if the jurisdiction to issue the Election Notification itself is questioned and on that issue, if the Court finds a prima-facie case, there is nothing wrong in staying the election process further. – In this case, this Court has prima-facie found that the very issuance of the Election Notification is without jurisdiction and the General Secretary of the Association is not competent to issue the same. – Since such issue of jurisdiction goes to the root of the matter, this Court finds every justification to grant interim orders of stay and injunction, as prayed for by the applicants in the respective suits. – Court also finds that the balance of convenience is also in favour of the applicants for grant of interim order of stay of the Election Notification and also interim injunction as prayed for, otherwise, certainly irreparable injury would be caused to the applicants, if the Election Notification is allowed to be proceeded with further, pending adjudication of the core issues, as discussed supra. – Though elaborate arguments were advanced by both sides in respect of the applications seeking to conduct the election by appointing a retired Judge of this Court, as the applicants and other members are not having confidence on the present officer bearers of the Association in respect of the conduct of the election, this Court, at this stage, is not inclined to go into those allegations and counter-allegations and pass any order in these applications seeking appointment of a fresh Election Officer, in view of the fact that the suit themselves are filed seeking to set aside the Election Notification, dated 05.06.2015 and also to appoint the Election Officer to conduct the election. – It is needless to say that such issues have to be gone into only in the main suits after conducting trial, and therefore, Court is refraining myself from expressing any view in those applications for the present. – Without expressing any view on the merits and contentions raised by both parties in these applications insofar as seeking for appointment of Election Officer, is concerned, these applications are closed, and all the issues are relegated to be raised and adjudicated upon in the main suits. – Order Accordingly
A. Nos.3796 and 3797 of 2015 in C.S.No.465 of 2015: The plaintiffs in the suit are the applicants in these applications. They have filed the abovesaid suit for a declaration to declare the Election Notification, dated 05.06.2015 issued by the defendant-Association as null and void and consequently, to appoint an Election Officer to conduct a free and fair election. Pending suit, A.No.3796 of 2015 is filed for appointment of an Election Officer to conduct the election of the defendant-Association, and A.No.3797 of 2015 is filed for staying the operation of the Election Notification, dated 05.06.2015 and consequently, all further proceedings pursuant to the impugned Election Notification, dated 05.06.2015.
2. The case of the applicants/plaintiffs, in short, is as follows:
The applicants are the members of the respondent-defendant-Association, which is a registered body under the Tamil Nadu Societies Registration Act. The election to the respondent-Association is to be conducted once in every three years and the office bearers are elected out of the eligible contesting candidates. The General Secretary of the respondent-Association issued the impugned Notification announcing the Election for the years 2015-2018, stating that the election would be conducted on 15.07.2015 from 7 am to 5 pm in Cine Musician Unit at Vadapalani, Chennai. Though the first applicant requested for furnishing a copy of the members/voters' list to canvass for the election, the same has not been furnished. The President and Secretary of the respondent-Association have autocratically nominated two Advocates as the Election Officers. The election date falls on a working day, namely Wednesday, and therefore, it is very difficult for the voters to come to Chennai and cast their vote on that day. Moreover, the venue is also situated in a narrow congested area and the premises is also small, which would be difficult to have an access. Normally, the election is conducted on the second Sunday, since the entire industry is on compulsory holiday on that day. But the present President and the General Secretary had misrepresented themselves as life trustees and purchased an apartment through Document No.2658 of 2010 and such purchase is highly objectionable. Hence, the present suit with these applications.
3. A common counter affidavit is filed by the General Secretary of the respondent-Association, wherein it is stated as follows:
Who are to be appointed as Election Officers, is an absolute power of the Executive Committee which rules and controls the administration of the Association and the appointment of Election Officers and the order of such appointment, are issued in the name of the General Secretary. On 01.06.2015, the Executive Committee meeting was held and the appointment of the Election Officers was discussed, and accordingly, M/s. J. Selvarajan, R. Murali and S. James Amudhan were appointed as Election Officers. The applicants have not challenged the appointment of the Election Officers, and therefore, there is no question of appointing a retired Judge of this Court as an Election Officer. An eligible candidate to contest the election alone is eligible to get the eligible voters' list from the Election Officer. Cine Musician Trust premises consists of 7-1/2 grounds and arrangements have been made for parking car in the estate of AVM Studio. The Association has paid necessary rent to the said Cine Musician Trust for conducting the election. Regarding the contention that the election is to be held on a working day, Bye-law 31 of the Association takes care of such persons and personal inconvenience, as they can avail of the facility that ballot paper reaches wherever they are. It is not the first time that the election is being conducted on a working day. On earlier occasion, the election was conducted during working day. The entire election process is being carried on within the framework of the Bye-laws of the defendant-Association. The Election Notif
