The court upheld the appointment of an Advocate Commissioner to regulate the society's election, emphasizing the appropriateness and sustainability of the appointment under the law.

The short facts of the case are as follows:-

The first and second respondent herein/plaintiffs have filed a civil suit in O.S.No.152 of 2012 along with an interlocutory application in I.A.No.678 of 2012 against the revision petitioners herein/defendants on the file of Subordinate Judge, Tuticorin for injunction, declaration, stating that the first respondent's association, namely, Thoothukudi Vadadhisai Hindu Nadar Mahamai Dharma Karapettai Paripalana Sangam, which has been registered under the Societies Act and the registered No.4 of 1919. This said association consisting of more than 500 members. To be registered as a member in the said association there are bye-laws constituted. Under the association, educational institutions and properties are there.

2. As per the bye-laws of the association the officer bearers and committee members will be elected once in 3 years. The election had been conducted in a democratic manner. As per the sub-rule 10(d) the elected office bearers will continue for two terms, as such the second respondent/second defendant, namely, Mr.Vinayagamoorthy had been elected as Deputy Secretary in the year 1996. Again he has been elected in the year 1999. Further he had been elected in the year 2002 as Secretary of the association and again, he had been elected in the year 2005 and 2008. Thereafter, without the formal conducting of election, he is continuing in the same post. Further the second defendant was vice-president in the year 1993 and in the year 2008. The other office bearers functioning as stooges. Further, the second and third defendants are removing the members from the society with mala fide intention besides, they instigated other members of the society to file cases, therefore, the formal election was deferred. Further, as per bye-law, the second and third defendants are continuing as office bearers of the association for more than two consecutive periods which breaches sub-rules 10(d) of the association.

3. Therefore, the plaintiffs have filed a supplementary application along with the suit for the appointment of an Advocate Commissioner as enquiry officer for selecting the qualified members and in deleting out the disqualified members and admit new members as per the norms laid down by the association.

4. The first defendant had filed counter statement and resisted the interlocutory application. The first defendant submits that the plaintiffs have given false statements and denied the averments of the plaintiffs. The first defendant further submits that the second plaintiff was functioning as office bearer when a General Body Meeting was conducted on 11.07.1999 and passed resolutions. The 7th resolution was to remove the 10(d) of the association bye-laws, the said resolution was passed unanimous. The first plaintiff had participated in the General Body Meeting and he had signed in the minutes book as serial No.130. The second plaintiff had also signed in the minute book as serial No.2 and he had presided at the said meeting and also signed the minutes book at the end of the meeting. Again the General Body Meeting was conducted on 18.06.2000 for the first defendant's association when the second plaintiff, namely, Mr.Mahendran was vice president and he presided over the meeting. In the said meeting the previous meeting resolution was read over and accordingly, recorded. Thereafter, the General Body Meeting resolutions and accounts have been submitted to the District Registrar on 21.06.2000. Thereafter, the District Registrar (Society) had sent copy of the show-cause notice to the Government Secretary though the Inspector General of Registration and Secretary of the first defendant's association regarding annual report of the association. The District Registrar (Society) had accepted the amendment of the bye-laws, the said amendment is presently in force for over 12 years. The plaintiffs, members of the society, who have participated in the resolution and also presided over the ge