all appeals Original Side Appeals preferred under Sec.36 Rule (i) of the Original Side Rules r/w Clause 15 of the Letters Patent against the order of this Court in O.A.No.856 of 2008 and A.Nos.3668 and 3669 of 2008 in C.S.No.737 of 2008 dated 22.6.2009.
For Appellant : Mr.K.Doraisami Senior Counsel for M/s.Muthumani Doraisami COMMON JUDGMENT (Judgment of the Court was delivered by M.CHOCKALINGAM, J.) This judgment shall govern these three appeals in OSA Nos.243 to 245 of 2009. Having failed before the learned Single Judge, the appellant/plaintiff has filed these appeals.
2.Pending the suit, three applications were taken, first one for an interim injunction that the respondents/ defendants 1 to 6 should not take any major policy decisions, second one for appointment of an Advocate Commissioner to assist the 7th respondent for re-scrutinizing the ballot papers and third one for a direction to the 7th respondent to re-scrutinize the ballot papers and re-count the same in respect of seven named constituencies. All these applications were heard by the learned Single Judge. By an elaborate order, the learned Single Judge has negatived all the contentions and dismissed the applications. Hence these appeals have arisen.
3.The learned Senior Counsel Mr.K.Doraisami put forth his contentions that it was a registered Society; that originally, a notification was issued, and thereafter, the election has taken place on 23.6.2008; that the polling time was given as between 9.00 A.M. and 2.00 P.M.; that subsequently, a publication was made wherein the time schedule has been changed; that the persons who were to make their votes, could not come within time by seeing the original notification; that under the circumstances, it has caused prejudice; that all these things were brought to the notice of the learned Single Judge, but were not considered, and hence interim injunction was sought for that major policy should not be taken and also appointment of Advocate Commissioner and re-scrutiny of the ballot papers were asked for.
4.The Court after hearing the learned Senior Counsel and looking into the order under challenge, is of the considered opinion that these appeals are not to be considered at all. First of all, it was an interim injunction sought for that the defendants 1 to 6 should be restrained from making any policy decisions. It is an admitted position that the election was scheduled to take place on 23.6.2008. Accordingly, election has taken place. It is also admitted by the learned Senior Counsel that when the matter was pending before the trial Court, there was no injunction at all. Now, as on today, for the past one year, they have been doing so.
5.Apart from the above, in the instant case, originally, the date was scheduled as 23.6.2008. The time for commencement of polling was 9.00 A.M., and that has not been changed. But, the closing time namely 2.00 P.M. as per the original notification, has been changed. However, this Court is not ready to go into the merits or otherwise of the contentions now put forth by the learned Senior Counsel. But, at the same time, it was a registered Society, and the Society has not been added as party. In such circumstances, this Court is of the considered opinion that the interim injunction which has been sought for by the appellant has been rightly negatived by the learned Single Judge. Apart from that, the scrutiny of the ballot papers by a Commissioner of Court, without making appreciation of the contentions put forth, cannot now be done at the initial stage. Hence the learned Single Judge was perfectly correct in dismissing the applications. This Court is unable to see any merit in the contentions put forth. All these appeals do not arise for admission.
6.At this juncture, the learned Senior Counsel would submit that the election was conducted for a term of three years, and now one year is over, and under the circumstances, early disposal of the suit could be better for the parties. Considering the same, the learned Single Judge is required to dispose of the suit within a period of three months herefrom.
7.Accordingly, all these original side appeals are disposed of. No costs. Consequently, connected MPs are closed.
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