BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.03.2025 CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.5443 of 2024 and W.M.P(MD)Nos.5212, 5213 & 9734 of 2024 V.M.Baskaran ... Petitioner vs.

1.The Deputy Secretary to Government of India, Ministry of Health and Family Welfare, Department of Health and Family Welfare (Medical Services Section), Nirman Bhawan, New Delhi – 110 011.

2.The Secretary General, Indian Red Cross Society, 1, Red Cross Road, New Delhi – 110 001.

3.The Chairman, Adhoc Committee, Indian Red Cross Society, Tamil Nadu State Branch, Red Cross Building, 32, Montieth Road, Egmore, Chennai – 600 008.

4.The District Collector / President, Indian Red Cross Society, Thanjavur District Branch, A1 – Seraj Building, No.43, Medical College Road, Thanjavur – 613 001.

5.Indian Red Cross Society, Represented by its Chairman, Thanjavur District Branch, A1 – Seraj Building, No.43, Medical College Road, Thanjavur – 613 001. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the fourth respondent to consider the petitioner's representation dated 28.11.2023 and supersede the Managing Committee of the fifth respondent Society till such time a Managing Committee is duly elected.

For Petitioner : Mr.D.Gnanasekaran For R – 1 : Mr.M.Karthikeya Venkatachalapathy For R – 4 : Mr.P.Thilak Kumar Government Pleader For R – 5 : Mr.V.Sasikumar

ORDER

(Order of the Court was made by J. NISHA BANU, J.)

The present Writ Petition is filed to direct the fourth respondent to supersede the Managing Committee of the fifth respondent Society till such time a Managing Committee is duly elected.

2.According to the petitioner, the Indian Red Cross Society is incorporated under the Indian Red Cross Society Act. The District Collector is the President of the District Branch of IRCS and the Managing Committee members are elected by the members of the Society once in three years and the Managing Committee, in turn, elects among them Chairman, Vice Chairman and Treasurer. While so, vide notice dated 12.10.2022, it was informed that the Annual General Body meeting was scheduled to be held on 12.11.2022 and nominations were also invited. But the election was not conducted on that day. However, the District Collector/President chose 11 members and announced their names as members of the Managing Committee. Hence, the petitioner submitted a representation dated 28.11.2023 to the fourth respondent to conduct election as per law. Since the same has not been considered, the petitioner has filed the present Writ Petition.

3.The fourth respondent/the District Collector filed a counter-

affidavit wherein it is stated as follows:

“15.I submit, that, this Writ Petition is not maintainable for a single and solitary reason that, the petitioner namely V.M.Baskaran was not the contender for the election of any post in the Indian Red Cross Society. I submit the members of sub branches or the office bearers of the sub branches have got no right to vote or no right to question about the election process. This was extracted by a letter sent by the State Branch of Indian Red Cross Society to this writ petitioner namely V.M.Baskaran which is extracted hereunder which is annexed the index of typeset of papers in S.No.2 at page No.33 for the consideration of this Hon'ble Court:

8^th Jan 2016, There is no provision in the Uniform Rules as have been circulated by the national HQr., IRCS New Delhi to allow the sub District Branch/Local Branch Members to vote in the District Branch Elections as well as to attend the Annual General Meeting of concerned IRCS District Branch.”

4.Considering the above facts and circumstances and also considering the fact that the petitioner has not even contested the election and he is not an aggrieved party, this Court is not inclined to entertain the Writ Petition. Accordingly, this Writ Petition is dismissed. There s