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2005 Supreme(Mad) 535

P.SATHASIVAM, D.MURUGESAN, S.R.SINGHARAVELU
C. M. S. Evangelical Suvi David & Others – Appellant
Versus
The District Registrar & Others – Respondent


Advocates:
For The Appellants : R. Thiyagarajan, Senior Counsel for P. Peppin Fernando,
N. Paul Vasanthakumar, T.R. Rajagopalan, Senior counsel for M/s Aiyar and Dolia. For The Respondents:N.R. Chandran, Advocate General by V. Raghupathy, Government Pleader, C. Selvaraju, Senior counsel for T. Sellapandian, K. Chandru, Senior counsel for G. Thilagavathy.

Judgment :

D. Murugesan, J.

This reference arises in the following circumstances.

2. A Division Bench in the judgment reported in K.ARIVANANTHAPANDIAN AND ANOTHER VS NADAR MAHAJANA SANGAM ETC., AND THREE OTHERS (1994 Writ Law Reporter 779) has held that the Registrar alone can register a society and it is before whom Form VII is submitted and any change in the membership or in the Committee should also be reported to him as per Section 15(2) read with Rule 17 in Form VII, it is necessary for the Registrar to be sure of the persons who are elected to the committee of each and every society which comes under his jurisdiction. The Division Bench has also held that wherever Form VII is filed and the correctness of it is challenged by one or other party being the members of the society/Sangam, he can enquire and find out as to whether who are elected to the Committee. On such enquiry, if the Registrar comes to the conclusion that Form VII filed is not correct and nobody has been elected, it will be open to him to give a direction to hold a fresh election, as Sub-section (9) of Section 36 empowers him to give such direction under the circumstances of the case. The Division Bench has also
























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