The need for civil adjudication to remove properly elected officers in a society registered under the Tamil Nadu Societies Registration Act

M. Venugopal, J.

The Original Side Appeal No.372 of 2007 is filed by the appellant/applicant/plaintiff as against the orders passed by the learned Single Judge in O.A.No.874 of 2007 in C.S.No.643 of 2007 dismissing the said application dated 011. 2007.

2. The appellant/plaintiff has filed a suit C.S.No.643 of 2007 praying for a Judgment and Decree declaring the order of the first respondent/first defendant dated 04.07.2007 setting aside the election of the appellant/plaintiff as the Vice President of the Indian Psychiatric Society as null and void, illegal etc., and for the grant of permanent injunction restraining the respondents/defendants their men, servants and agents or any one acting under them from in any way interfering with the functions of the applicant/plaintiff as the Vice President/President-Elect to the Indian Psychiatric Society for the years 2007-2008.

.3. The appellant/plaintiff has filed O.A.No.874 of 2007 in C.S.No.643 of 2007 praying for an order of injunction restraining the respondents/defendants, their men, servants, etc. in any way interfering with the functions of the applicant/plaintiff as the Vice President/President Elect of the Indian Psychiatric Society for the year 2007-2008 pending disposal of the above application. On 23.07.2007 in O.A.No.874 of 2007 in C.S.No.643 of 2007 an interim injunction was granted. The learned Single Judge while dismissing the O.A.No.874 of 2007 has vacated the interim injunction and allowed the vacate stay application No.6383 of 2007 filed by the second and third respondents.

4. The learned counsel for the appellant/applicant /plaintiff contends that the properly elected officers cannot be removed in a Society, registered under the Tamil Nadu Societies Registration Act except otherwise by a civil adjudication and that the Tribunal cannot decide the election matter of the validity of the election of the appellant/applicant/plaintiff and that the Executing Council has no power to remove the individuals properly elected by means of due election process and the Bye laws do not provide for nomination of Vice President or Treasurer or other persons.

5. According to the learned counsel for the appellant/ applicant/plaintiff, the appellant/applicant/plaintiff was entitled to hold Office for two years, for one year as Vice President and for one year as President and that the appellant/applicant/plaintiff has challenged the verdict of the Tribunal dated 04.07.2007 and that the Tribunal has no jurisdiction to decide the election dispute.

.6. The learned counsel for the respondents 2 and 3 submits that the appellant/applicant/plaintiff took part in the post Annual General Body Meeting on 07.01.2007 and referred the matter of the conduct of elections in lieu of allegation of malpractice and irregularity and therefore, the appellant/applicant/plaintiff cannot now raise any objection in regard to the jurisdiction of the first respondent Tribunal. Only after the announcement by the President that the election matter would be referred to the Tribunal and also announced that the Constitution of the Tribunal would be made at the Executing Council Meeting of the Society to be held on 07.01.2007, the Executive Council Meeting took place on 07.01.2007, in which the appellant/applicant /plaintiff took part and since there was a dispute in regard to the election procedure in the conduct of Annual General Body meeting held on 06.01.2007, the Executing Council deliberated on the legal notice and made a decision to refer the matter to the Tribunal of the Society for the verdict of the Tribunal. It is not in dispute that the Tribunal was constituted with its Chairman to examine the terms of reference including the issues relating to the Election Procedures that took place during 2006-2007 etc.

7. The Tribunal gave its verdict to the effect that the election that took place in January 2007 was null and void with immediate effect and individuals elected ceased to hold office with i