LAWS(MAD)-2014-6-3

D. ANANTHI Vs. K. CHANDRASEKARAN

Decided On June 06, 2014
D. Ananthi Appellant
V/S
K. CHANDRASEKARAN Respondents

JUDGEMENT

(1.) THE Appellants/Applicants/Third Parties have preferred the instant O.S.A.No.129 of 2014 as against the order dated 09.04.2014 in A.No.5398 of 2013 in O.A.No.542 of 2013 in C.S.No.490 of 2013 passed by the Learned Single Judge.

(2.) THE Learned Single Judge, while passing the Common Order dated 09.04.2014, in A.Nos.5398, 5923, 5924 and 6182 of 2013 in C.S.No.490 of 2013, has, inter alia, observed that '... So far as the applicants in A.No.5398 of 2013 is concerned, they have no locus standi to seek an order to implead them as parties at this stage, as they are neither necessary parties nor proper parties to the suit' and further, opined that 'if the impleading applications filed by the members of the union are allowed, it may be nothing, but opening the flood gate and one after another at any stage, simply by stating as member of the union, impleading application could be filed, with a view to stall the democratic process of conducting Election' and resultantly, dismissed the impleading applications.

(3.) ACCORDING to the Learned Senior Counsel for the Appellants in O.S.A.No.129 of 2014, the reasoning of the Learned Single Judge that the presence of the Appellants was not necessary, because no executable decree could be passed against them was not correct, when admittedly, the 1st Appellant as elected representative is affected by the illegalities in the voters list prepared for the General Council Meeting of the Trade Union.