Without approaching Civil Court, petitioner could not challenge acceptance or rejection of Form VII filed by either or rival group.

1. Theni Melapettai Hindu Nadarkal Uravinmurai is a Society registered under the Societies Registration Act, 1860 and it also stood registered under the Tamil Nadu Societies Registration Act, 1975 bearing Registration No.37/1975. The Society runs several Educational Institutions, by name Nadar Saraswathy Higher Secondary School, Nadar Saraswathy Girls Higher Secondary School, Nadar Saraswathy Primary School, Theni Melapettai Hindu Nadarkal Uravinmurai Matriculation Higher Secondary School, Nadar Saraswathy Palar Palli, Nadar Saraswathy College of Arts and Science and Nadar Saraswathy B.Ed. College, Nadar Saraswathy Technical Institute. The Society is also running a Milk Dairy Farm, Printing Press, Kalyana Mandapams and it is also administering several temples.

2. An election was held on 21.4.2004 for the posts of President, Vice-President, General Secretary, Treasurer and 12 Executive Committee members of the said society. A person by name M. Maruthaiah who was elected as General Secretary of the society in the said election, resigned on 21.11.2006. In his place, a person by name M. Ramarpandian was co-opted as General Secretary, by the Executive Committee, in its Meeting held on 1.12.2006. He issued a notice dated 14.3.2007 convening a general body meeting on 7.4.2007.

3. Since the procedure adopted by the Executive Committee for filling up the vacancy in the post of General Secretary, was not authorised by law, a Civil Suit was filed by a member of the society by name V. Sivasubramanian, in O.S. No.19/2007 on the file of the District Court, Theni, for declaration and injunction. The Suit was filed on 2.4.2007. Pending Suit, the plaintiff also sought an interim order of injunction in I.A. No.21 of 2007 to restrain the co-opted General Secretary from acting as such and from convening the General Body Meeting on 7.4.2007 as proposed in his notice dated 14.3.2007. The said Application for injunction was allowed on 5.4.2007. But in the order dated 5.4.2007, the District Court made it clear that the said order will not be an obstacle for convening the General Body Meeting in accordance with the bye laws of the Society for electing new office bearers.

4. As a result of the said interim order, the President of the Society convened another General Body Meeting on 14.5.2007 and conducted an election. In the said election, one I.C. Murugesan who has filed Writ Petition No.5966 of 2007 appears to have been elected as General Secretary. In pursuance of the said election, the Society filed Form No.VII, prescribed under the Tamil Nadu Societies Registration Rules, with the first respondent on 16.5.2007.

5. However, another group also filed Form No.VII with the first respondent, on 20.4.2007 contending that they were elected in the General Body Meeting held on 7.4.2007. The said Form No.VII filed by two office bearers, in pursuance of the election allegedly held on 7.4.2007, was taken on file by the first respondent, on 2.6.2007. But when the other group represented by I.C. Murugesan objected to the first respondent taking Form No.VII, on the file on 2.6.2007, the first respondent cancelled the entry. Challenging the cancellation of the entry of Form No.VII, in respect of the meeting held on 7.4.2007, one M. Jayasankar filed Writ Petition No.5666 of 2007 and the said Writ Petition is pending. No interim order has been passed in the said Writ Petition.

6. In the meantime, there was a change of guard in the office of the first respondent and the first respondent passed an order dated 2.7.2007, taking on file Form No.VII which was rejected earlier by his predecessor in office. For doing so, the first respondent has relied upon the provisions of Section 55 of Tamil Nadu Societies Registration Act.

7. On behalf of the group which allegedly got elected on 14.5.2007, One I.C. Murugesan has come up with the Writ Petition No.5966 of 2007 challenging the order passed by the first respondent on 2.7.2007, by which the Form No.VII filed by