C. M. S. Evangelical Suvi David Memorial Hr. Sec. School Committee & Another v. The District Registrar & Others
2005-09-14
A.KULASEKARAN, MARKANDEY KATJU
body2005
DigiLaw.ai
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.