Madras High Court Rejects Plea to Stay Tamil Film Producers Council Election
In a significant development, the Madras High Court has firmly refused to stay the upcoming election to the Tamil Film Producers Council, which is slated for February 22. The court has permitted retired judge of the Madras High Court, Justice S Rajeshwaran, to function as the election officer, as proposed by the general body of the council.
Court's Order and Rationale
Justice P Dhanabal passed the order while dismissing a plea moved by five members of the council. The petitioners had sought to stay the election until proper scrutiny of the existing voters list, as mandated by the council's bylaws. The court emphasized that since the election process has already commenced, the voters list has been finalized, and the election date is fixed, it would not be appropriate to appoint any other election officer.
The court stated, "As the election process has already started, the voters list has been finalised and the date of election is fixed, it is not appropriate to appoint any other election officer. The applicants are not entitled to any relief through these applications. Therefore, these applications have no merits and deserve to be dismissed."
Petitioners' Arguments
According to the petitioners, Clause 17 of the bylaw specifies that the executive committee, when assembled to deliberate on fixing the date for the general body meeting to conduct the election, shall appoint a senior producer member from the council as the election officer. They argued that contrary to this bylaw, the general body arbitrarily appointed Justice (retired) Rajeshwaran as the election officer, which they claimed is non est in the eye of law.
Council's Defense
Representing the council, advocate Krishna Ravindran submitted that there was no violation of the bylaws, as alleged by the petitioners. He clarified that in the annual general body meeting, Justice Rajeshwaran was nominated as the election officer, and the applicants, who were present at the meeting, did not raise any objections at that time.
Ravindran further highlighted that Justice Rajeshwaran had previously acted as an election officer during the council's election held in 2017, underscoring his experience and suitability for the role. This precedent was cited to support the council's decision and refute claims of arbitrariness.
Implications and Next Steps
With the court's dismissal of the plea, the election process for the Tamil Film Producers Council is set to proceed as scheduled on February 22. The appointment of Justice Rajeshwaran as the election officer stands, ensuring continuity and adherence to established procedures. This ruling reinforces the importance of timely objections during meetings and upholds the council's autonomy in managing its electoral affairs.
The decision is expected to bring clarity and stability to the council's operations, allowing members to focus on the upcoming election without further legal hindrances. It also sets a precedent for similar disputes in other professional bodies, emphasizing judicial deference to ongoing electoral processes.
