Madras High Court
S.Balagurunathan vs Sri Prasanna Vinayagar on 3 March, 2023
2023/MHC/935
S.A.No.1017 of 2015 etc.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 03.03.2023
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH
S.A.No.1017 of 2015
and W.P.Nos.4422, 8441 and 11393 of 2004 &
WMP.Nos.19631 and 19648 of 2022
and WPMP.Nos.9931 of 2004 and 236 of 2012
and MP.No.1 of 2015
S.A.No.1017 of 2015:
1. S.Balagurunathan
2. T.Subramaniam
3. B.Paramasivam
... Appellants
Vs
1. Sri Prasanna Vinayagar
Thirukoil Scheme (Trust)
rep. by its Secretary T.Visvesiah
2. T.Visvesiah
3. C.Vidyasagar
... Respondents
PRAYER: Appeal filed under Section 100 of the Code of Civil Procedure
against decree and judgment passed in A.No.318 of 2014 dated 06.02.2015 on
the file of learned XV Additional City Civil Court, Chennai confirming the
decree and judgment passed in O.S.No.7081 of 2007 dated 07.07.2014 on the
https://www.mhc.tn.gov.in/judis
S.A.No.1017 of 2015 etc.
file of the learned XVII Assistant Judge, City Civil Court, Chennai decreeing
suit in part and praying to set aside the same and dismiss the suit in toto.
For Appellants : Mr.V.Baskaran
For Respondents : Mr.Paramasiva Doss
COMMON ORDER
The learned Advocate Commissioner has finalised the voters list
comprising 33 voters as Annexure A duly executed on each page. This will
form part of the records and will constitute the list of voters as on the date of
this order.
2. There are some objections that have been raised by the parties in
regard to the inclusion/non-inclusion of some members. The objections have
been duly taken note of by the learned Advocate Commissioner in finalising the
voters list prior to approval.
3. Needless to say, seeing as the tenure of the Committee is for a period
of 3 years, if the parties come to any material unavailable now, that will have a
bearing on the voters list, the same may always be taken into account in the
voters list to be finalised prior to the conduct of the next election.
4. With the finalisation of voters list, the field is now clear for the conduct
of elections. All parties and procedures followed by the learned Advocate
Commissioner are also in consonance that the process has been transparent and
https://www.mhc.tn.gov.in/judis
S.A.No.1017 of 2015 etc.
in compliance with principles of natural justice and due process, they request
that there need be no further delay in the conduct of election to the Committee
of the Sri Prasanna Vinayagar Thirukoil, with the learned Advocate
Commissioner assuming the role of Election officer. The scheme provides for
the following as the election rules:
Election Rules:-
The Board of Trustees shall appoint an Election officer
once in five year before the end of the month of August.
The Election Officer shall conduct the Election for
electing three Trustees.
The Election Rules and voters list must be displayed at
the temple premises before one week of the date of Election.
A Voter/Member who has completed 30 years of age
can contest the Election as candidate for Trust Board.
If more candidates have filed nomination, those who
secured majority of the votes will be elected as members of
the committee. If the votes are evenly balanced, the choice
will be decided by lot.
5. In accordance with the Scheme, Election Rules are to be finalised and
displayed in the temple premises prior to one week of the date of election.
6. An outer time limit of four (4) weeks from date of receipt of a copy of
this order is fixed for finalising the election rules, due display in the notice
board of the Temple and conduct of election.
https://www.mhc.tn.gov.in/judis
S.A.No.1017 of 2015 etc.
DR.ANITA SUMANTH,J.
8. With this, no further orders are necessary in the Second Appeal and
the same is closed. No costs.
9. As pleadings are complete, list the Writ Petitions for hearing on
03.04.2023. A sum of Rs.1,00,000/- (Rupees one lakh only) is fixed as the final
component of fee to be paid to the learned Advocate Commissioner/Election
Officer equally by the parties, upon completion of the election process.
03.03.2023
Index : Yes / No
Speaking Order
Neutral Citation: Yes
sl
To
The Registrar,
XV Additional City Civil Court, Chennai
S.A.No.1017 of 2015
and W.P.Nos.4422, 8441 and 11393 of 2004 &
WMP.Nos.19631 and 19648 of 2022
and WPMP.Nos.9931 of 2004 and 236 of 2012
and MP.No.1 of 2015
https://www.mhc.tn.gov.in/judis
