Back
2019 Supreme(Mad) 48
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
K.K. Sasidharan, P.D. Audikesavalu, JJ.
S. Masanam – Petitioner
Versus
The State of Tamil Nadu, Rep. by its Secretary, Department of College Education and Ors. – Respondents
W.P. (MD) No. 90 of 2019 and W.M.P. (MD) Nos. 59 and 60 of 2019
Decided On : 01-02-2019
For the Petitioner: Mr. Ajmal Khan, Senior Counsel for Mr. S. Vanchinathan
For the Respondent:Mr. M. Vallinayagam, Senior Counsel for Mr. D. Nallathambi, Mr. M. Murugan Government Advocate, Mr. E.V.N. Siva
The court emphasized the importance of a fair election process and issued directions to ensure the same.
Headnote:
Election - Kallar Kalvi Kazhagam - Tamil Nadu Societies Registration Act, 1975 - The court issued directions for the conduct of election to the Managing Committee of the Kallar Kalvi Kazhagam, including extension of time for receiving applications for membership, scrutiny of applications, and the election process.
Fact of the Case:
The petitioner challenged the decision of the Administrator of Kallar Kalvi Kazhagam to admit new members for the purpose of preparation of the voters' list, seeking a direction to conduct the election based on the list of members as of a specific date.
Finding of the Court:
The court issued directions for the conduct of the election, including extension of time for receiving applications for membership and the scrutiny of applications, to ensure a fair election process.
Issues: Challenge to the decision of the Administrator regarding the admission of new members and the conduct of the election based on the voters' list.
Ratio Decidendi: The court held that extending the time for enrolling new members and ensuring a fair scrutiny process would create a level playing field for the election.
Final Decision: The Writ Petition was disposed of in terms of the directions issued by the court.
P.D. AUDIKESAVALU, J.
This Court by order dated 22.11.2018 in W.P. (MD) No. 22819 of 2019 had appointed Hon'ble Mr. Justice D. Murugesan, former Chief Justice of Delhi High Court as Administrator and Mr. D. Vinoth Kumar and Mr. M. Ponnambalam, Advocates, as the Deputy Administrators of Kallar Kalvi Kazhagam for conduct of election to the Managing Committee of the Kallar Kalvi Kazhagam, and certain directions in the nature of guidelines were also issued in that order.
2. The Administrator, who has taken charge of the Management of the Kallar Kalvi Kazhagam for the purpose of conducting election in pursuance of the aforesaid order, by proceedings dated 29.12.2018 examined the decision taken by the Managing Committee of the Kallar Kalvi Kazhagam to admit new members for the purpose of preparation of the voters' list and after deleting the persons who were ineligible to vote in the election and adding two eligible persons as members, published the voters' list.
3. The Petitioner has challenged the aforesaid decision of the Administrator in this Writ Petition and has sought for a consequential direction to conduct the election to the Managing Committee of the Kallar Kalvi Kazhagam, in terms of the order dated 22.11.2018 in W.P. (MD) No. 22819 of 2018 passed by this Court, on the basis of the list of members as found in the Form VI as on 22.11.2018 in the officer of the District Registrar, Periyakulam, meaning thereby that the newly admitted members should not be allowed to vote in the ensuing election.
4. We have heard Mr. Ajmal Khan, Senior Counsel appearing for Mr. S. Vanchinathan, Learned Counsel for the Petitioner, Mr. M. Vallinayagam, Senior Counsel appearing for Mr. D. Nallathambi, Learned Counsel for the First to Third Respondents, Mr. M. Murugan, Learned Government Advocate appearing on behalf of the Fourth and Fifth Respondents, Mr. E.V.N. Siva, Learned Counsel appearing for the Sixth to Eighth Respondents, and perused the materials placed on record, apart from the pleadings of the parties.
5. The main grievance sought to be ventilated by the Petitioner in this Writ Petition is that a sizeable number of about 1,300 persons had been added as members to the Kallar Kalvi Kazhagam during the year 2017-2018 as against the total 2660 members admitted from its inception in the year 1967 prior to the aforesaid period. It is highlighted that such a disproportionate increase in the number of members admitted at the behest of a particular group of persons, who were at the helm of affairs of the Kallar Kalvi Kazhagam, with an oblique motive to strengthen their vote base would have the effect of materially affecting the result of the election in their favour.
6. When it was pointed out that inasmuch as the persons who were eligible to be members, had been found by the Administrator to have been properly admitted, they could not be deprived of their right to vote as per the existing bye-laws of the Kallar Kalvi Kazhagam, Learned Senior Counsel appearing for the Petitioner fairly submitted that if a reasonable time is extended for enrolling new members, a level playing field would be created and the fear expressed by the Petitioner would be allayed. Learned Counsel appearing for the Eighth Respondent has also agreed for such recourse and has submitted that necessary orders to that effect may be passed by this Court.
7. In order to resolve the issue, which has arisen after the appointment of the Administrator to conduct the election, we deem it appropriate to issue the following directions:-
(i) The Administrator shall on 03.02.2019 notify in two Tamil dailies, viz., Dina Thanthi and Dina Malar, covering Madurai, Dindigul and Theni Districts, that the time for receiving applications for admission of members into the Kallar Kalvi Kazhagam for their inclusion in the voters' list for the proposed election of the Managing Committee has been extended till 15.02.2019;
(ii) Any person intending to be enrolled as a member of the Kallar Kalvi Kazhag
