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Madurai Bench of Madras High Court
THE HONOURABLE MR.JUSTICE G.M. AKBAR ALI
M. Palanikumar and Others
Versus
A.S.K. Jeyaseelan and Others
A.S.(MD)No.313 of 2008, A.S.(MD)Nos. 315 & 316 of 2008 and M.P.(MD)Nos. 1,1 & 1 of 2008
Decided On :Decided On : 16-09-2009
Society - Registration of Societies Act XXI of 1860 - Summary of Acts and Sections: The judgment discusses the validity of general body meetings and election of office bearers in a registered society governed by its own byelaws. The court interprets the byelaws and the Tamil Nadu Societies Registration Act, 1975, particularly Section 55, to determine the validity of the actions taken by the General Secretary and the general body meetings. The court also addresses the maintainability of the suits and the power of the court to appoint an Advocate Commissioner to conduct a fresh election.
Fact of the Case:
The case involves disputes over the nomination of office bearers and the validity of general body meetings in a registered society. The plaintiffs challenged the nomination of the General Secretary and the subsequent general body meetings, seeking declarations and injunctions. The trial court initially decreed the suits, but later reviewed its judgment and amended the decree, leading to the filing of appeals.
Finding of the Court:
The court found that the nomination of the General Secretary was not in accordance with the byelaws, but the acts done during his tenure were protected under Section 55 of the Tamil Nadu Societies Registration Act. The court held that the general body meeting held on 07.04.2007 was valid and the subsequent meeting on 14.05.2007 was not. The court also determined that the trial court's amendment of the decree under Section 152 C.P.C. was not permissible.
Issues: The main issues addressed by the court include the maintainability of the suits, the validity of the general body meetings, the power of the court to appoint an Advocate Commissioner, and the correctness of the trial court's amendment of the decree under Section 152 C.P.C.
Ratio Decidendi: The court held that the nomination of the General Secretary was not in accordance with the byelaws, but the acts done during his tenure were protected under Section 55 of the Tamil Nadu Societies Registration Act. The court also found that the general body meeting held on 07.04.2007 was valid and the subsequent meeting on 14.05.2007 was not. Additionally, the court determined that the trial court's amendment of the decree under Section 152 C.P.C. was not permissible.
Final Decision: The appeal in A.S.No.313 of 2008 was dismissed, and the appeals in A.S.Nos.315 and 316 of 2008 were allowed. The decree and judgment of the trial court in O.S.Nos.19 & 58 of 2007 were set aside, and the suits were dismissed.
The appeal in A.S.No.313 of 2008 is filed by the Plaintiffs to set aside the amended portions of the judgment of the lower court dated 17.11.2008 and to restore the judgment which was rendered on 11.11.2008.
2. The appeal in A.S.No.315 of 2008 is filed by the Defendants to set aside the judgment and decree dated 11.11.2008 passed in O.S.No.19 of 2007 by the learned Principal District Court, Theni.
3. The appeal in A.S.No.316 of 2008 is filed by the Defendants to set aside the judgment and decree dated 11.11.2008 passed in O.S.No.58 of 2007 by the learned Principal District Court, Theni.
4. All the three appeals are filed against the common judgment and decree dated 11.11.2008 in O.S.Nos.19 and 58 of 2007 on the file of the learned Principal District Judge, Theni.
5. The brief facts of the case is as follows:
The subject matter of the suit is one Theni Melapettai Hindu Nadargal Uravin Murai Society (herein after called as "Society"), which is a registered society under the Registration of Societies Act XXI of 1860 (herein called as Act) under SC.No.37 of 1975. The Society is running several educational institutions, milk society, temple with marriage hall, a printing press, etc. According to the parties, the Society is in existence for more than 125 years, however, registered only in the year 1975 and governed by its own byelaws. The members are male adults belonging to Theni Melapettai Hindu Nadar Community. The Executive Committee consists of President, Vice President, General Secretary, Treasurer and 12 Executive Members, who were elected in the general body meeting held on 21.05.2004 and they are to administer the Society for a period of 3 years from 03.06.2004 to 02.06.2007. On 12.03.2005, the Treasurer namely, Ramar Pandiyan resigned from his post and on 25.04.2005, one R.V.Kamaraj was elected as Treasurer in his place. On 14.11.2006, the General Secretary namely, Maruthaiya also resigned from his post, and one Mr. Ramar Pandian was nominated as the General Secretary in the Executive meeting dated 1.12.2006 under the bylaws no.6.He was discharging the duties of the general secretary and on 14.3.2007 he issued a notice calling for the general body meeting on 7.4.2007 and one of agenda was election of new office bearers for the next three years.
6. The suit in O.S.No.19 of 2007 was filed before the learned Principal District Judge, Theni by one of the members of the Society viz., B.Sivasubramanian in his individual capacity, questioning the nomination of RamarPandian as General Secretary by the Executive Committee and the notice issued by the said General Secretary for convening the general body meeting on 07.04.2007 and he sought for a declaration and injunction. The suit was filed against the said Ramar Pandian as the first defendant, the Society represented by its President M.S.V.S.Selvapandian as 2nd defendant and against the District Registrar(Societies), Periyakulam, Theni District.
7. This suit was resisted by the first defendant on the ground that the suit filed by an individual is not maintainable, the society can only be represented by its secretary and not by its president and the nomination of the first defendant is valid.
8. An interim order was passed in I.A.no.712/2007,restraining the first defendant from convening the meeting on 7.4.07. It was made clear that convening a general body meeting and conducting an election in accordance with the bylaws was not restrained. On 7.4.07 the first defendant was relieved from his post and a new secretary was nominated and the general body meeting was conducted and new office bearers were elected.
9. The suit was amended and a prayer for a declaration that the general body meeting dated 7.4.07 and the resolution passed thereon are null and void was added.
10. Meanwhile the third defendant namely, M.S.V.S.Selvapandian,convened a general body meeting invoking his power under the bylaws on 14.5.07 and an election was conducted and a new set of office bearers were e
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