The main legal point established in the judgment is the requirement for prior approval of the Registrar for amalgamation and the need for amendment of bye-laws or memorandum for amalgamation under Section 12 and Section 30 of the Societies Registration Act.

The petitioners are the members of Salem Suyamariyadhai Sangam, founded by Periyar EVR in the year 1957 (R3 in these Writ Petitions). The objects of the Sangam is to spread Political knowledge and to make people to act according to the rational thinking; not to be slaves to superstition; to liberate the people from meaningless and unnecessary religious or social rituals in their daily habits; and to remove the caste, religion and Class differences in marriage. Bye-laws have been framed to foster the same objects. According to bye-law No.12, if the executive committee passes any resolution detrimental to the basic objectives, it will be prevented from being tabled in the General Body.

2. The second respondent/"Monurkula Devangar Vasaga Salai" was formed by the members of Telugu speaking Devangar Community. Its main objectives are to protect the interest of 'Telugu speaking Devangar Community'. No person other than Telugu speaking Devangar Community can become member in that association.

3. While so, the Registrar of Societies amalgamated both the societies. Originally, the third respondent society was composed of persons from all sections of people, but in course of time, it was dominated by a particular sections of community by induction of new members in such a manner they could dominate. One by name S.R.Mahalingam, S/o.S.P.Ramalingam wanted to become a member and he sent a communication to the third respondent as his father was one of the original members. But his request was rejected. This manipulation was only to grab the properties of the third respondent; and the amalgamation is mala fide. The resolution for amalgamation has been ordered on the ground that the objects of the two societies are identical which is not true. The second respondent is a caste based society whereas the third respondent is a society which is opposed to caste system. Therefore, the two societies cannot be amalgamated. Hence the order of amalgamation dated 8.9.1998 in ROC.No.9898/A2/98 has to be quashed as it is illegal.

4. No counter has been filed either by the second respondent or third respondent, though they have filed their counter affidavit in the stay petitions.

5. The first respondent has filed a counter in which it is stated that Manurkula Devangar Vasaga Salai was registered on 14.03.1953 as No.5 of 1953. Its main objects are to promote, set up, run and maintain schools for boys and girls and for advancing of education. For that purpose, to establish laboratory, Reading Room, etc.,. On the basis of the above objects, the society established and is running a High School. It is in possession of immovable properties. Salem Suyamariyadhai Sangam was registered in the year 1957 as No.6 /1957. The Salem Suyamariyadhai Sangam association did not start or run any school. It has only reading room and laboratory. This association was in possession of immovable properties like shops and buildings. The two Sangam applied for amalgamation and submitted a copy of special resolution passed by them. After careful perusal of the resolution, exercising power conferred under Section 31 of the Act r/w Rule 28, and after satisfying about the intention of both the association, the request for amalgamation was approved in the impugned office proceedings. The impugned order is legal and valid. Hence, the writ petitions are liable to be dismissed.

6. The learned counsel appearing for the petitioner, Ms. Arulmozhi, submitted that the petitioner in WP.No.8637 of 1999 is a founder member and hence a life member. The objects of Salem Suyamariyadhai Sangam is to eradicate caste system and also to propagate the ideals of EVR Periyar such as rationalistic ideas and to persuade the people not to believe superstitions and also to prevent people from participating in religious and caste rituals and for that purpose to establish laboratories, reading rooms etc.,. From the typed set, she pointed out that this petitioner is a member from the date it was originally