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2005 Supreme(Mad) 1599
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.K. MISRA & THE HONOURABLE MR. JUSTICE N. KANNADASAN
The Music Academy & Others - Appellant
Versus
Inspector General of Registration & Others - Respondents
WRIT APPEAL No.1078 OF 2003 & W.P.No.11415, 17299, 17341,14950, 14951, 17055 of 2003 & 24183 of 2004 & WAMP.Nos.193 & 3127 of 2005, WPMP.No.29358 of 2004 & WVMP.No.229 of 2005
Decided On : 23 September 2005
The main legal point established is the need for compliance with the Societies Registration Act and the resolution of disputes through a new election based on the original Memorandum and Bye-laws.
Headnote:
Societies Registration Act - Music Academy - 1860 Act - 1929 Memorandum - 1953 Bye-laws - Election - Observations - Directions
Fact of the Case:
The case involves legal disputes within the Music Academy, a society registered under the Societies Registration Act, 1860. The disputes revolve around the interpretation and validity of the 1929 Memorandum, 1953 Bye-laws, and subsequent amendments, particularly regarding the election of office bearers and trustees.
Finding of the Court:
The court found that the election held in 2001, based on unregistered bye-laws, was valid despite certain irregularities. It directed the holding of a new election based on the 1929 Memorandum and 1953 Bye-laws, under the direct control of a retired judge, to resolve the disputes.
Issues: Interpretation of bye-laws, validity of election, role of trustees, compliance with the Societies Registration Act, and the issuance of show cause notices were the key issues.
Ratio Decidendi: The court held that the election based on unregistered bye-laws was valid, but directed a new election based on the 1929 Memorandum and 1953 Bye-laws. It emphasized the need for compliance with the Act and the resolution of disputes through a new election.
Final Decision: The court directed the holding of a new election for office bearers and trustees, based on the 1929 Memorandum and 1953 Bye-laws, under the direct control of a retired judge, to resolve the disputes within the Music Academy.
(Writ Appeal No.1078 of 2003 is filed under clause 15 of the Letters Patent against the order dated 24.1.2003 passed by a learned single Judge in W.P.No.15900 of 2002.
W.P.No.11415 of 2003 has been filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing 1st and 2nd respondents to take up appropriate action in accordance with the provisions of the Tamil Nadu Societies Registration Act, 1975 pursuant to the letter of the 1st respondent dated 19.3.2002 in No.51458/II/2001-01 and reports of the 2nd respondent dated 14.1.2003 in Nos.12850/E.1/2002 and 1285/E.1/2002.
W.P.No.17299 of 2003 has been filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing 1st, 2nd and 3rd respondents to forbear the 4th respondent from convening the Annual General Meeting of the Music Academy, Madras on 29th June, 2003 or any other day or convening/holding any other meetings of the executive committee until the assumption of office of a validly constituted committee in terms of Section 15 of the Tamil Nadu Societies Registration Act, 1975.
W.P.No.17341 of 2003 has been filed under Article 226 of the Constitution of India for the issuance of writ of Mandamus directing the respondents 2 and 3 to take appropriate action against the respondents 5 to 20 who are acting in violation of the provisions of the Tamil Nadu Societies Registration Act,1975 and the Rules framed there under, and consequently to forbear the respondents 5 to 20 and persons claiming powers under the respondents 5 to 20 from, in any way, meddling with the affairs of the 4th respondent Society, calling themselves as Office-Bearers, either by convening and conducting any Executive Committee meeting or Annual General Meeting of the 4th respondent, either on 29.6.2003 or on any other date.
W.P.No.14950 of 2003 has been filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus calling for the records of the 1st respondent ending with the Show-Cause Notice No.17324/M/2002-10 dt.08-05-2003 and quash the same and further directing the respondent not to interfere with the working of the petitioner.
W.P.No.14951 of 2003 has been filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus calling for the records of the 1st respondent culminating in the Show-Cause Notice No.17324/M/2002-10 dt.08-05-2003 and quash the same and further directing the respondents not to interfere with the working of the Music Academy.
W.P.No.17055 of 2003 has been filed under Article 226 of the Constitution of India for the issuance of writ of Certiorarified Mandamus calling for the records of the 1st respondent culminating in the Show-Cause Notice No.17324/M/2002-10 dt.08-05-2003 and quash the same and by directing the respondents not to interfere with the working of the Music Academy.
W.P.No.24183 of 2004 has been filed under Article 226 of the Constitution of India for the issuance of writ of Certiorari calling for the records of the third respondent culminating in the order No.7836/E.1/2004 dated 24.6.2004, quash the same.)
P.K. Misra, J
The Music Academy, Madras, a famous Institute known as such in the rest of the country for its promotion of music and culture and more in news, presently within Tamil Nadu or may be Chennai, because of the legal squabbles, was registered as a Society under the Societies Registration Act, 1860 on 21.8.1929, 75 years back. As per the Memorandum of Association and Rules and Regulations, which were registered on the said date, the Governing Body called the Executive Committee consisted of one President, two or more Vice Presidents, two Trustees, two Joint Secretaries, one Treasurer and ten other Members. The registered Rules and Regulations provided that the members of the Executive Committee are to be elected at the Annual General Body Meeting and they have to hold office until fresh office bearers are electe
