1. The appellant/plaintiff has filed this Second Appeal as against the judgment and decree passed by Additional District Judge/Fast Track Judge No. 1, Tirunelveli, dated 23.12.2010 in A.S. No. 42 of 2009, dismissing the appeal and confirming the judgment and decree passed by Principal Subordinate Judge, Tirunelveli, dated 23.10.2009 made in O.S. No. 105 of 2008.

2. Before the trial Court, appellant is the plaintiff and the respondents are the defendants. For the sake of convenience, the parties referred as in the suit is referred in the Second Appeal.

3. The appellant/plaintiff has filed a suit for declaration that all the resolutions alleged to have been passed in the General Body Meeting, dated 30.5.2008 and the consequent claim of defendants 1 to 10 appointing themselves as Temporary Administrative Committee and the Election Officers as null and void and also permanent injunction restraining defendants 1 to 10, their men, agents, servants etc., from doing anything to interfere with the affairs of the plaintiff Sangam in any manner including conducting elections.

4. Briefly the case of the appellant/plaintiff is that the appellant Sangam is registered under the Tamil Nadu Societies Registration Act , 1975 (herein after referred to as the Act) and the Registration Number is 6/1948 and the administration of the Sangam is governed by the Bye-laws, framed by the Subordinate Court, Tirunelveli in a scheme decree passed in O.S. No. 13 of 1942 and By-laws can be amended or altered or a new rule may be framed only as per scheme decree and the General Body of the Plaintiff Sangam can frame sub rules for effective enforcement of Bye-laws of the Sangam but has absolutely no power to frame any sub rules contrary to the bye-laws.

5. According to the plaintiff, without following the procedures enumerated under Section 7(c) of the Bye-laws of the Sangam and Section 28(2) of the said Act, some 320 members of the plaintiff Sangam published a notice in the issue of “Tamil Murasu” news paper stating that Special General Body of the Sangam would be convened at Thisayanvilai on 25.5.2008 for amendment of Bye-laws and subsequently, by another publication made in ‘Dinakaran’ Newspaper dated 7.5.2008, the very same 320 persons stated that the General Body of the Sangam would be convened on 29.5.2008. As against the meeting, one Sarguna Pandian and Suyambulingam filed a suit in O.S. No. 678 of 2008 and also filed C.R.P. (MD) No. 920 of 2008 before this Court against the proposed General Body Meeting organised by 320 members and this Court had passed an order on 28.5.2008, restraining those persons from conducting the meeting and hence the plaintiff, who was second respondent in the revision also communicated in the place, where the meeting was scheduled to be held and hence, no meeting was conducted on 29.5.2008 by 320 members.

6. It is also averred in the plaint that in the meantime another 410 members claiming to be a life members of the plaintiff Sangam effected a publication in ‘Daily Thanthi’ Newspaper dated 8.5.2008, stating that they are going to convene a Special General Body Meeting on 30.5.2008, at Sankar Nagar in Thalaiyuthu, without following the procedures enumerated under Sections7(c) of the Bye-laws of the Sangam or Section 28(2) of the said Act. It is further stated in the plaint that the 10th respondent/10th defendant, claiming himself as Election Officer of appellant/plaintiff Sangam, had effected a publication in the issue of ‘Dinamalar” and also in “Tamil Murasu” news papers, dated 10.6.2008, stating that as per the resolution, dated 30.5.2008, election for the Administrative Council of the appellant/plaintiff Sangam was scheduled to be held from 5.7.2008 to 12.7.2008 and also stated the nomination forms would be available from 12.6.2008 to 15.6.2008 and the last date for receipt of nominations was on 20.6.2008. According to the appellant/plaintiff, the term of office of the existing Administrative Council Members of the appel