Elected members can't be stopped from taking charge after results are ratified: Supreme Court

The Supreme Court recently observed that after the results of a poll are announced and ratified, there remains no reason to stop elected representatives from assuming office [Hiren J Thakker & Ors. v Parul V Metha & Ors.].A Bench of Justices Ajay Rastogi and BV Nagarathna held so while considering allowing an appeal against an order of the Madras High Court preventing the winners of the election for the Shree Coimbatore Gujarat Samaj General Body from taking charge of their respective offices." ... we are of the considered view that once the elections have been held and results were pronounced on 27th March, 2022, there appears no reason to restrain the elected persons to assume their office. Without going into merits of the matter any further, this Court permits the persons who are elected in the election process held on 27th March, 2022 to assume their respective offices," the top court said in its order..The Annual General Body Meeting and election process in question were completed on March 27, 2022.However, before the results were announced, four of the respondents in the instant case filed a civil suit before the Additional District Munsif Court, Coimbatore. Two of the respondents later withdrew from the suit after the entire election process was ratified. Because of the intervention made by the Madras High Court, the elected persons were not permitted to assume their office, leading to the present appeal before the Supreme Court. .Without going into merits of the matter, the top court decided to permit the persons who were elected in the election process to assume their respective offices. However, the Court clarified in its order that those still aggrieved will be at liberty to challenge the election process in accordance with law.It also held that the suit initially instituted, which is still pending at the Additional District Munsif Court, Coimbatore has now become infructuous..Advocates Udhaya PS Menon, B Ragunath and Vijay Kumar appeared for petitioners. Senior Advocate Ravi Shankar Jandhyala and advocates Biju P Raman, S Gowthaman, Sriram Parakkat, MS Vishnu Shankar, Athira G Nair, Muskaan Garg, Jessica Bhardwaj, Prerna Robin, Divya Jyothi Singh, Michael Rao and Pawan Kumar Dabas appeared for the respondents. .[Read Judgment]

Elected members can't be stopped from taking charge after results are ratified: Supreme Court

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