1991 105 MLJ 1
Srinivasan, J.
A. Shanmuga Sundara Pandia Nadar And Anr.
Versus
P.S.R. Vivekanandan And Ors.
Decided On : 9/10/1990
C.R.P.No.2308 of 1990
Srinivasan, J.
1. This Revision Petition is against an order passed by the Principal District Judge, Tirunelveli in I.A. No. 516 of 1990 in O.S. No. 33 of 1988. The application was filed by the petitioners herein for a declaration that the election of 34 members to the Administrative council of the third respondent Sangam as per the interim report of the Commissioner dated 19-3-1990 and the election of Office Bearers on 30-3-1990 were null and void and for an order declaring that the petitioners were entitled to discharge the duties of the President and Secretary of the Sangam respectively.
2. The third respondent Sangam is a registered society under the Tamil Nadu Societies Registration Act. The administration of the Sangam is governed by a scheme framed in O.S. No. 13 of 1942 on the file of Sub Court, Tirunelveli which came into force on 1-9-1943. Admittedly, the Sangam is having about 50,000 members as on date. The members of the Sangam are persons aged above 18 and belonging to the community of Dakshina Mara Nadars comprising of Hindus and Christians and persons following any religion except Mahpmmedamiam, who have their homes in the territory situated within the boundaries of Vaiper river in the North, the Western Ghats on the West, the Bay of Bengal on the East, and the Indian Ocean on the South, having subscribed to the application for membership. The Sangam has laudable aims and objects for the general welfare of the community as such. Every member of the Sangam shall be liable to pay an annual minimum subscription or life subscription as prescribed. All persons who are in the list of members on the 31st of March, every year, shall be placed in the list of, voters maintained in the head Office of the Sangam which shall be located within the limits of Tirunelveli Municipality in Tirunelveli District under the Scheme. It is only such persons who are in the list of Voters who shall be entitled to vote or take part in the general elections. A member, whose subscription is in arrears for three months prior to the date of preparation of List of Voters, shall be excluded from the list. For the purpose of efficient administration of the Sangam, the area is divided into seven regional groups viz., Madurai group, Virudhunagar Group, Koilpatti Group, Tirunelveli Group, Tuticorin Group, Thisayanvilai Group and Tiruchendur Group. The members of the regional groups shall elect an administrative council consisting of 51 members from among those whose names are in the list of voters and having any of the qualifications set out in the scheme. The qualification is the payment of any tax to the Municipality. Union or to the Government or to any Zamindar or Inamdar or any rent under the Estates Abolition Act or Mahamai of Rs. 5 per year. 'Mahamai' is defined in the scheme as to mean and include' the collection of money from the traders belonging to the community at such rates as the administrative council shall fix". 'Trader' is defined to mean and include 'any person belonging to the community who carries on trade as a profession inside or outside the area and pays a 'Mahamai' of not less than Rs. 5 per year. The Scheme also prescribes the disqualifications for membership in the Administrative council. For the purpose of this case, the only relevant disqualification is being the arrears of subscription or of Mahamai for one year. Out of the 51 members of the Administrative council, 17 are to be elected by the trader members and the remaining to be elected by each regional group specified in the Scheme. The details thereof are not necessary for the purpose of this case. The Administrative council shall elect an Executive Committee from among themselves consisting of 11 members inclusive of a President, Vice President, Secretary and Assistant Secretary. The members of the Administrative Council shall hold office for a period of three years commencing from the date of election. However, they shall continue in office after the expiry of t
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