S. Masanam v. State of Tamil Nadu, Rep. by its Secretary, Department of College Education
2019-02-01
K.K.SASIDHARAN, P.D.AUDIKESAVALU
body2019
DigiLaw.ai
ORDER : 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.
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.
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 Kazhagam, may make a written request in person to the Administrator at the office of the Kallar Kalvi Kazhagam, supported by his/her recognized photo identity and on satisfaction of the same, the Administrator or any person authorized by him for this purpose shall issue the application in the prescribed format to such person under written acknowledgment entered in a register maintained for the same, seriatim indicating date and time; (iii) The payment towards fees for admission as life member shall be received only in the form of demand draft from the applicant along with the duly filled-up and signed application with photgraph, supported by necessary documents in proof of his qualification for membership; (iv) The scrutiny of the applications shall be made by the existing Managing Committee and the decision to admit the members shall be taken in the manner provided in the bye-laws of the Kallar Kalvi Kazhagam and the Tamil Nadu Societies Registration Act, 1975, by 22.02.2019 and the same shall thereafter be placed before the Administrator; (v) Any applicant aggrieved by the rejection of his/her application and any person objecting to the inclusion of a member may submit his/her representation in that regard to the Administrator, who shall examine the same and communicate the decision taken thereon by 27.02.2019; (vi) The final list of members admitted shall be submitted by the Administrator on behalf of the Kallar Kalvi Kazhagam to the District Registrar, Periyakulam by 04.03.2019 and the District Registrar, Periyakulam shall communicate the acceptance of Form VII by 08.03.2019; (vii) The final list of voters shall be published by the Administrator by 11.03.2019; (viii) The process for election of members to the Managing Committee shall be carried out in accordance with the directions issued by the order dated 22.11.2018 in W.P. (MD) No. 22819 of 2019; (ix) Since a self-contained machinery has been created to decide the questions relating to the admission of members in the manner as aforesaid, we hold that no other form of legal proceedings before any Court or Forum shall be resorted by any persons in that regard till the entire election process is completed; and (x) No suit or other legal proceedings touching upon election to the Kallar Kalvi Kazhagam, shall henceforth be entertained by any Court other than the Principal District Court, Madurai within whose territorial limits of jurisdiction, the registered office of the Kallar Kalvi Kazhagam is situated.
It is open to the Principal District Court, Madurai to assign those cases to any of the Additional District Court or Fast Track Courts in Madurai District. 8. The Writ Petition shall stand disposed in terms of the aforesaid directions issued. No costs. Consequently, the connected Miscellaneous Petition is closed.