P V KADIRAVAN Vs. KALLAR KALVI KAZHAGAM

JUDGEMENT

(1.) WRIT Appeal No.354/2008 is preferred against the interim orders passed in M.P.(MD)No.2 of 2008 in W.P.(MD)No.3543/2008, staying the proceedings of the District Registrar of Societies, Periyakulam, dated 08.04.2008. WRIT Petition No.3543/2008 is filed challenging the acceptance of Form No.VII filed by the Appellant by the proceedings of the District Registrar of Societies, Periyakulam, dated 08.04.2008. For convenience, the parties are referred as per the array of parties in the WRIT Petition.

(2.) BACKGROUND facts which led to the filing of the Writ Petition and the Writ Appeal, are as follows:

(3.) MR. Isaac Mohanlal, learned counsel for the Writ Petitioner, submitted that election disputes cannot be determined by the Registrar and as per the decision of the Full Bench of this Court in (2005) 2 MLJ 335 - C.M.S. Evangelical Suvi Davi Memorial Higher Secondary School Committee, Karisal v. The District Registrar, Cheranmahadevi, the Registrar could only direct the parties to approach the Civil Court and the District Registrar exceeded his power, Learned counsel further submitted that though in (2008) 1 MLJ 1308 - R. Muralidaran v. District Registrar, this Court has held acceptance of Form No.VII is only a ministerial act, unless the Registrar holds prima facie satisfaction before receiving Form No.VII, it is not to be accepted. Placing reliance upon number of decisions, learned counsel would further submit that when the exercise of power under Section 34 of the Act is arbitrary, the monstrosity of the situation requires entertainment of a writ petition to prevent injustice.