"Private Interest Litigation": Madras High Court Dismisses Petition Seeking Enquiry Into Water Users Association Elections

The Madras High Court on Wednesday dismissed a petition filed one Sukumar for forming an Investigation Team under the head of a retired High Court Judge for inquiring into the alleged irregularities committed by the Election officer cum Revenue Divisional officer while conducting the elections to the Water User Association.While dismissing the petition, the bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala observed that the petition was not one for public interest but was a "private interest litigation". The court also held that a direction for investigation by a retired Judge cannot be issued unless it is determined that the matter requires serious investigation or is of great public interest."A direction to cause enquiry or investigation by a retired Judge of this Court, cannot be given without first drawing to the conclusion that the matter needs such serious examination and it can be only after modification of facts which would require entering into appreciation of facts, going beyond the jurisdiction of this Court...It is not a case whether the engagement of a retired Judge of this Court is required to have settlement of serious disputes or their engagement in some matters is of great public interest and therefore, a Commission or their monitoring is required, but as a matter of election having no such issue which may affect the public peace or requires engagement of a retired Judge of this Court."The Petitioner stated that the Tamil Nadu Farmers' Management of Irrigation System Act 2000 was implemented by the Tamil Nadu government to provide farmers' participation in the management of irrigation systems and for matters connected therewith. The Act provides for the formulation and functioning of Water Users Association. The main object of the Association is to redress the grievance of farmers and to prevent the misuse of water and regulate the supply of water.According to Section 5 of the Act, there shall be a Managing Committee for every Water Users Association and the Collector has been empowered to make arrangements for the election of the President and Members of the Committee.While so, the Tiruppur District Collector (2nd respondent) came forward to conduct the election and appointed one R Kumaresan (4th respondent) as the election officer.The Petitioner states that the Respondent-election officer had not carried out the election in a democratic manner and had announced the success of certain men during the scrutinization of nomination itself. He did not even state the reasons for rejection of nomination of certain persons including the petitioner's father.He therefore argued that the Respondent-election officer acted in a biased and arbitrary manner. Further, when complaints were made to the Collector, no action was taken.He thus sought for directions to the Government to set up an Investigation Team under the head of retired Judge of the Court and conduct an enquiry over the said irregularities and biased actions in conducting the election.The Court while dismissing the petition observed that the petition was not one of public nature. It appeared to have been filed with a private motive, in that the petitioner's father's nomination was rejected by the respondent.Case Title: P. Sukumar v. The State of Tamil Nadu and othersCase No: W.P 11679 of 2022Citation: 2022 LiveLaw (Mad) 244Counsel for Petitioner: Mr.N.PonrajCounsel for Respondents: Mr.P.Muthukumar, State Govt. Pleader assisted by Mrs.R.Anitha, Spl.G.P.Click here to read/download the judgment

"Private Interest Litigation": Madras High Court Dismisses Petition Seeking Enquiry Into Water Users Association Elections

Upasana Sajeev

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