Research › Search › Judgment

Madras High Court · body

2005 DIGILAW 1116 (MAD)

P. Surendran & Others v. The District Registrar (Societies Registration) Madurai South & Others

2005-07-20

A.KULASEKARAN

body2005
Judgment :- (Petition under Article 226 of the Constitution of India praying for a Writ of Declaration as stated therein.) These writ petitions are listed today for admission and I heard the learned counsel for the petitioners and the learned Special Government Pleader for respondents. 2. The petitioners has come forward with this writ petitions praying for a Writ of Declaration declaring the entire election process for the election of office bearers and members of the Executive committee of the second respondent society held on 15-05-2005 by the third respondent herein as illegal void and unsustainable in law and direct holding of fresh elections. 3. It is not in dispute that the election results were declared on 22-06-2005 by the election officer, who is the third respondent in the writ petition. Even assuming that the writ petitions are filed prior to the declaration of election results, alleging certain commissions and omissions on the part of the respondents 3 to 5, the same cannot be maintained. This Court in exercise of powers under Article 226 cannot interfere with election matter namely the period from the commencement of the election process with the issue of notification and terminate with the declaration of the result as the election petition is an effective and alternative remedy. Hence, the writ petitions are dismissed. No costs. Liberty is given to the petitioners to workout his remedy before the competent forum in accordance with law. Connected WPMP numbers are also dismissed.