High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE NAINAR SUNDARAM
Periyar Self-Respect Propaganda Institution, Trichy and Others - Appellant
Versus
State of T.N. and Others - Respondent
Case No : Writ Petn. Nos. 93, 3427 of 1979 and 12371 of 1984
Decided On : 08 April 1987
CONSTITUTIONAL LAW - FUNDAMENTAL RIGHTS - RIGHT TO FORM ASSOCIATIONS - RIGHT TO HOLD PROPERTY - TAMIL NADU SOCIETIES REGISTRATION ACT 27 OF 1975 - WHETHER VIOLATES ARTICLES 19(1)(C) AND 19(1)(F) OF THE CONSTITUTION - SCOPE OF ARTICLES 19(1)(C) AND 19(1)(F) - INTERPRETATION OF SECTIONS 3, 4, 5, 15, 18, 26, 36, 37, 38, 39, 40, 42, 53 AND 57 OF THE ACT - WHETHER THE PROVISIONS ARE RETROSPECTIVE IN OPERATION.
Fact of the Case:
The petitioners, the Periyar Self-Respect Propaganda Institution and the Periyar Maniammal Educational and Charitable Society, challenged the constitutional validity of the Tamil Nadu Societies Registration Act 27 of 1975 (the Act), arguing that it violated their fundamental rights under Articles 19(1)(c) and 19(1)(f) of the Constitution. They contended that the Act restricted their right to continue their associations as they stood formed and functioning under the Societies Registration Act 21 of 1860 (the repealed Act), and that the provisions of the Act, particularly Sections 15(3) and (4) and 26(4), violated their right to form associations and hold property.
Finding of the Court:
The Court held that the Act did not violate the petitioners' fundamental rights under Articles 19(1)(c) and 19(1)(f) of the Constitution. It held that the right to form associations under Article 19(1)(c) did not include the right to hold office for life or to have a particular composition of the association, and that the provisions of the Act did not interfere with the petitioners' right to form and continue their associations. The Court also held that the right to hold property under Article 19(1)(f) did not include the right to hold property as trustees of an association, and that the provisions of the Act did not deprive the petitioners of their property rights.
Issues: 1. Whether the Tamil Nadu Societies Registration Act 27 of 1975 violates the fundamental rights guaranteed under Articles 19(1)(c) and 19(1)(f) of the Constitution? 2. Whether the provisions of the Act, particularly Sections 15(3) and (4) and 26(4), violate the petitioners' right to form associations and hold property?
Ratio Decidendi: 1. The right to form associations under Article 19(1)(c) of the Constitution does not include the right to hold office for life or to have a particular composition of the association. 2. The provisions of the Tamil Nadu Societies Registration Act 27 of 1975 do not interfere with the petitioners' right to form and continue their associations. 3. The right to hold property under Article 19(1)(f) of the Constitution does not include the right to hold property as trustees of an association. 4. The provisions of the Tamil Nadu Societies Registration Act 27 of 1975 do not deprive the petitioners of their property rights.
Final Decision: The Court dismissed the petitions, holding that the Tamil Nadu Societies Registration Act 27 of 1975 did not violate the petitioners' fundamental rights under Articles 19(1)(c) and 19(1)(f) of the Constitution.
In these three writ petitions, the challenge is of the constitutional vires of the provisions of Tamil Nadu Societies Registration Act 27 of 1975, hereinafter referred to as the Tamil Nadu Act 27 of 1975. The petitioner in W.P. No. 92 of 1979 is the Periyar Self-Respect Propaganda Institution, Tiruchirappalli, hereinafter referred to as the Institution, represented by its Life Secretary K. Veeramani. This Institution is a Society already registered under the Societies Registration Act 21 of 1860, hereinafter referred to as Act 21 of 1860. The petitioner in W.P. No. 3427 of 1979 is the Periyar Maniammal Educational and Charitable Society, hereinafter referred to as the Charitable Society, represented by its life President K. Veeramani. The Charitable Society is also one already registered under Act 21 of 1860. The petitioner in W. P. No. 12371 of 1984 is a life member of the Institution.
2. The petitioners express a grievance that by the enactment and enforcement of Tamil Nadu Act 27 of 1975, the fundamental rights guaranteed to them under Art.19(1)(c) and (f) stand violated. According to them, under the provisions of Act 21 of 1860 the Institution and the Charitable Society got formed and constituted with specified objectives and with persons of involvement and commitment to the said objectives and both the Institution and the Charitable Society formulated memoranda of Association and rules, adumbrating the rights and privileges; interests and obligations of its constituents and the method and manner of their functioning and by the Tamil Nadu Act 27 of 1975, their right to continue the Associations as they stood formed and functioning under Act 21 of 1860 has been violated and transgressed, in that both the Institution and the Charitable Society are prevented from continuing their associations and functioning as such in the manner and the method by which they got constituted earlier. This is the essence of the submission made by Mr. K.K. Venugopal, learned counsel appearing for the petitioners with reference to violation of Art.(19)(1)(c). Coming to Art.19(1)(f), it is contended on behalf of the petitioners that by the Rules governing the Institution and the Charitable Society, properties have come to vest in their life office bearers who alone have the right of management and administration of the properties and the provisions of Tamil Nadu Act 27 of 1975 have done away with the vesting of and administration of such properties in and by such office bearers and have distintegrated such vesting or in other words divested the vesting already done since the very provisions of Tamil Nadu Act 27 of 1975 discountenance life membership, life presidentship and life secretaryship. It must be remembered that Art.19(1)(f) was there at the time when Tamil Nadu Act 27 of 1975 was brought into effect or brought into force on 22-4-1978. Art.19(1)(f) was deleted only by the 44th Amendment with effect from 20-6-1979. Hence, Art.19(1)(f) was there at that time when Tamil Nadu Act 27 of 1975 came into force and certainly the complaint that Art.19(1)(f) was violated has to be investigated and shall not be brushed aside at the threshold itself on the ground that Art.19(1)(f) is not in the Constitution as on date.
3. To impress upon the Court that the Tamil Nadu Act 27 of 1975 has made inroads into the fundamental rights guaranteed under Art.19(1)(c) and (f), Mr. K.K. Venugopal, learned counsel appearing for the petitioners, drew a comparison between the provisions of Act 21 of 1860, under which the Institution and the Charitable Society stood registered and the provisions of Tamil Nadu Act 27 of 1975. S.1 of Act 21 of 1860 contemplated for formation and registration of societies by any seven or more persons associated for any literary or charitable purpose or for any such purpose as described in S.20 by subscribing their names to a memorandum of association, and filing the same with the Registrar of Joint Stock Companies. On such registr
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