P.BALAKRISHNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) All the three writ petitions have been filed by the respective petitioner challenging the rejection order passed by the 2nd respondent in and by which the appeal, which was directed to be considered by this Court in accordance with law, was rejected and questioning the sustainability of the said order and also for re-conduct of fresh elections to the Tamil Nadu Medical Council.

(2.) Pursuant to the intent to conduct election to the post of office bearers in the Tamil Nadu Medical Council, W.P. No.15073/17 was filed and this Court, vide order dtd. 28/6/2017, appointed a retired Judge of this Court as Administrator to conduct the election. Accordingly, the Judge-Administrator had conducted the elections and after counting of the votes, the results were declared.

(3.) However, after the announcement of the results on 16/8/18, spate of allegations have been levelled against the nominees and also the act of the Judge-Administrator and a series of writ petitions in W.P. Nos.4442, 5449 and 5450/18 and W.P. No. 20718/18 were filed resulting in orders being passed to keep the ballot boxes under lock and seal. Thereafter, direction was also issued to the 2nd respondent to pass orders on the representation filed by the petitioners on the allegations levelled not only against the eligibility of the contesting individuals but also against the Administrator to the effect that the Rules with regard to the postal ballots and their rejection was not followed and that the Administrator had acted in an arbitrary manner. Pursuant to the said order of this Court dtd. 30/5/2018, the 2nd respondent, after hearing the parties and affording opportunity and also after scrutinizing the documents, has passed an order, aggrieved by which the present writ petitions have been filed.