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2009 Supreme(Mad) 3167

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE K. VENKATARAMAN
Mohan Sharma
Versus
The District Registrar (Administration), In the cadre of Assistant Inspector General of Registration & Others
W.P.No.539 of 2008 & M.P.Nos.1 to 3 of 2008 & 1 and 2 of 2009
Decided on: 17-08-2009

Advocates Appeared:
For the Petitioner:Sriram Panchu, S.C., Arun Anbumani, Advocate.
For the Respondents:R1, Lita Srinivasan, G.A., P.B. Balaji, R3, T. Thiageswaran, Waron & Sairam, Advocates.

Locus standi is necessary for challenging an order, and the Registrar should not act solely on the representation of one member under Section 36 of the Societies Registration Act.

Headnote:

Societies Registration Act - Locus Standi - Section 36

Fact of the Case:

The petitioner, a Special Invitee to the Executive Committee of a registered society, challenged an order of the first respondent directing the society to amend its bye-laws and conduct elections. The petitioner alleged that the order interfered with the society's decision-making process.

Finding of the Court:

The court found that the petitioner lacked locus standi to challenge the order as he did not represent the society and had participated in the decision-making process after filing the petition. The court also held that the order was made under Section 36 of the Societies Registration Act, but the Registrar should not have acted solely on the representation of one member.

Issues: Locus standi of the petitioner to challenge the order, validity of the order under Section 36 of the Act

Ratio Decidendi: The petitioner lacked locus standi as he did not represent the society and had participated in the decision-making process after filing the petition. The order was made under Section 36 of the Act, but the Registrar should not have acted solely on the representation of one member.

Final Decision: The writ petition was dismissed due to the petitioner's lack of locus standi, but no costs were awarded.

Judgment

1. The petitioner has come up with the present writ petition challenging the order of the first respondent culminated in his communication dated 12. 2007.

2. The short facts which are relevant for the purpose of disposal of the present writ petition, are set out here under:-

1. The petitioner is a Special Invitee to the Executive Committee of the South Indian Film Chamber of Commerce (herein after referred to as Chamber). The Chamber was established in the year 1939 and registered under the Societies Registration Act. There are about 3000 members in the Chamber. They are classified under various groups viz., studios, producers, etc. The members of the second respondent are from the Southern States of India and represents the above distinct groups of their respective States.

2. On 111. 2007, the third respondent, an Executive Committee member along with 53 other members of the second respondent, forwarded a letter to the second respondent requesting to call for a special meeting as per bye-laws 15 to amend the bye-laws by totally abolishing the existing proxy system of voting in the elections and bring in personal voting system. They have also requested that their request be placed in the Executive Committee Meeting to be held on 111. 2007 and call for a Special Meeting for the said objects.

3. On 111. 2007, the Executive Committee Meeting decided to have the General Body Meeting on 06.01.2008. The second respondents Executive Committee sent a circular dated 012. 2007 to convene an Executive Committee Meeting to be held on 112. 2007 duly including an agenda relating to annual election of office bearers and Executive Committee members for the year 2007-08.

4. The Executive Committee met on 112. 2007. It has been brought to the notice of the Committee members that the third respondent had written a letter dated 12. 2007 addressed to the Registrar of Societies, Chennai, the first respondent herein praying for action against the second respondent and directions to the second respondent to conduct Special Meeting on 06.01.2008 with agenda of removing proxy and not to conduct the election before conducting the Special Meeting. It was also informed that the first respondent vide his impugned communication dated 12. 2007 directed the second respondent to take steps to amend the bye-laws and thereafter, conduct the election.

5. On 112. 2007, there was heated discussion on this issue and it was finally decided to hold an Executive Committee meeting on 06.01.2008 to discuss all the points to be discussed in the General Body meeting. Thereafter, the first respondent addressed to all the Executive Committee members intimating that on 06.01.2008, an Executive Committee Meeting of the second respondent would be held. It is reliably learnt that the members from various Southern States except Tamil Nadu have not sought to amend the provisions relating to authorised representatives.

The impugned communication of the first respondent dated 12. 2007 is, thus challenged on the ground that it crossly interferes with the decision making of the second respondent. The petitioner being a Special Invitee of the second respondent is aggrieved over the said communication and hence, he has approached this Court by filing the present writ petition since there is no other effective alternative remedy.

3. The third respondent filed counter affidavits along with applications for vacating the interim stay and interim injunction in M.P.Nos.2 and 3 of 2009. In the said counter affidavits, the following facts have been set out:-

1. The writ petition is not maintainable on the ground that the petitioner has no locus standi to challenge the order passed by the first respondent which is communicated to the second respondent, since it does not infringe the private right of the petitioner. The second respondent association accepted the said direction issued by the first respondent and acted upon by constituting a sub committee in its own with a view to ame



















































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