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High Court of Judicature at Madras
K.A. SWAMI & SOMASUNDARAM
K. Arivananthapandian & Another
Versus
Nadar Mahajana Sangam, S. Vellaichamy, Represented by its Secretary S.V.S. Sundaramurthy & Others
W.A. Nos. 870 to 872 of 1994
Decided On :Decided on: 20-07-1994
SOCIETIES REGISTRATION ACT - S. 36 - JURISDICTION OF DISTRICT REGISTRAR - INQUIRY INTO ELECTION OF COMMITTEE MEMBERS - EXTENT OF POWER - PROCEDURE TO BE FOLLOWED - JUDICIAL REVIEW.
Fact of the Case:
Dispute between two groups claiming to be elected to the Committee of a Sangam registered under the Tamil Nadu Societies Registration Act, 1975. District Registrar (Administration) (Societies), Madurai, passed orders directing for convening an extra-ordinary annual general body meeting of the Sangam to hold an election to the Committee. Petitioners challenged the orders on the ground that the District Registrar did not have jurisdiction under the provisions of the Act to pass such orders.
Finding of the Court:
1. The District Registrar has power under S. 36 of the Act to go into the question in the case of challenge made to Form VII and determine on holding an inquiry as per the provisions contained in S. 36 of the Act, whether Form VII filed is correct or not. 2. The extent of the power of the Registrar in the matter is limited and is subject to the adjudication by the Court, if the jurisdiction of the Court is invoked. 3. The power of Registrar is only intended to ensure that the members of the society claiming to have been elected to the Committee are so really elected and the change reported by them is correct. 4. The impugned orders passed by the District Registrar without holding an inquiry and without affording an opportunity to the contending parties were unsustainable and liable to be quashed.
Issues: 1. Whether the District Registrar has jurisdiction under S. 36 of the Tamil Nadu Societies Registration Act, 1975 to inquire into the matter as to who are the elected President, Vice-President and Members of the Committee of the Sangam registered under the Act and if so, what is the extent of his power? 2. Whether the impugned orders passed by the District Registrar are in accordance with law?
Ratio Decidendi: 1. The definition of 'Registrar' in the Act includes the District Registrar, who can exercise all the powers under the Act which the Registrar can unless he is specifically directed otherwise. 2. S. 36 of the Act empowers the Registrar to hold an inquiry into the constitution, working and financial condition of a registered society, of his own motion or on the application of the majority of the members of the committee or on the application of not less than one-third of the members of that registered society or if so moved by the District Collector. 3. The inquiry contemplated under S. 36 of the Act is an inquiry which has got all the trappings of a judicial proceeding. As such, the District Registrar was required to record evidence, if any, and hear the parties and pass orders in accordance with law. 4. The District Registrar's power to inquire under S. 36 is limited to ensuring that the members of the society claiming to have been elected to the Committee are so really elected and the change reported by them is correct. 5. The jurisdiction of the Civil Court is not barred by the Act and the members of the society can approach the Court to adjudicate their claims.
Final Decision: 1. The writ appeals were allowed and the impugned orders of the District Registrar were quashed. 2. The District Registrar was directed to decide the issue as to which Form VII is to be approved within a month from the date of the judgment. 3. The management of the affairs of the Sangam was directed to be under the control of the District Registrar until the issue is decided. 4. The Principal of the College was directed to run the administration of the College as per the directions of the District Registrar.
K.A. SWAMI, C.J.
1. These writ appeals are preferred against the common order dated 11.7.1994 passed by the learned single Judge in writ petitions 8056, 8909 and 9342 of 1994 respectively. Respondents 3 and 4 in all the writ petitions are the appellants in these appeals. The 1st respondent in each one of these appeals is the petitioner in the writ petitions.
2. The petitioner sought for various reliefs in the writ petitions as referred to by the learned single Judge. We do not consider it necessary to refer to them once again in this judgment. The question that arose before the learned single Judge was as to whether the District Registrar (Administration) (Societies), Madurai, had jurisdiction under the provisions of the Tamil Nadu Societies Registration Act, 1975 (hereinafter referred to as the Act) to pass orders dated 22/4/1994 and 11/5/1994. On examining the provisions contained in Ss. 28 and 36 of the Act, learned single Judge has come to a conclusion that the District Registrar does not enjoy any such power, therefore the orders passed by him are without jurisdiction. Accordingly, the writ petitions have been allowed and the impugned orders have been quashed. Hence, respondents 3 and 4 in each of the writ petitions who claim to have been elected to the Committee of the 1st respondent Sangam in an annual general body meeting held on 19.12.1993, have come up in appeals.
3. Before adverting to the contentions urged on both sides and examining the validity, the facts necessary for deciding those contentions are as follows:— There is a Sangam known as Nadar Mahajana Sangam (1st respondent) (hereinafter referred to as the Sangam) registered under the Act. It is running a College known as S. Vellaichamy Nadar College at Madurai. It is a famous college. There is a dispute between the parties regarding the election to the Committee. The Sangam is governed by the provisions of t he Act and the Rules framed thereunder. According to the case of the petitioner in the writ petitions, it is not the appellants and others of their group who were elected to the Committee in the annual general body meeting of the Sangam held on 19.12.1993, but it were Dhanasekarapandian, V.V.S. Yogan, S.V.S. Sundaramoorthy and A.M. Selvaraj and 40 members who were elected to the committee as President, Vice-President, Secretary and Treasurer respectively and 40 as Members of the Committee.
4. On the contrary, it is the case of respondents 3 and 4 in the writ petitions who are the appellants in these appeals that it was Arivanandapandian and D. Thangaraj who were elected as President and Secretary-cum-Correspondent and 40 others as Members. There was Form VII submitted by both groups, as required by S. 15(3) of the Act, read with sub-rule (2) of Rule 17 of the Tamil Nadu Societies Registration Rules, 1978 (hereinafter referred to as the Rules). The case of the writ petitioner is that Form VII submitted by it was accepted by the District Registrar and the elected members were functioning as members of the Committee of the Sangam, that it was later on at the instance of the other group, the District Registrar issued a notice dated 15.4.1994 directing them to appear on 22.4.1994 for an inquiry to be conducted under S. 36 of the Act; that on 19.4.1994 itself they sent a letter requesting time till 26.7.1994, whereas the District Registrar had straightaway passed the order on 22.4.1994 without considering the request of Dhanasekarapandian and others of his group for time. On the contrary, it is the case of respondents 3 and 4 in the writ petition and also the District Registrar that the letters dated 19.4.1994 sent by them were not received on or before 22.4.1994, whereas the same were received on 29.4.1994, therefore, the District Registrar could not postpone the inquiry and had no other option but to pass the order, because several members of the Sangam gave a written representation that fresh election should be ordered. By the impugned order, the Dis
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