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2018 Supreme(Mad) 3097

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
V. PARTHIBAN, J.
THOOTHUKUDI VADADHISAI HINDU NADAR MAHAMAI, DHARMA KARAPETTAI PARIPALANA SANGAM — Appellant
Vs.
INSPECTOR GENERAL OF REGISTRATION — Respondent
W.P. No. 11023 of 2014, 705, 19710 of 2015, 3869, 13144, 19467 of 2016, 7767, 7808, 14896, 19337, 19905, 19906, 24058, 20944, 14835 of 2017
Decided on : 29-10-2018

Advocates:
Advocate Appeared:
Isaac Mohahlal, Adv., M. Murugan, Adv.

Headnote:

Constitution of India, 1950 - Article 226 - Code of Civil Procedure, 1908 - Section 144 - Conduct of Election of General Body - Petitioner in present writ petition is parent society which administers educational institutions namely boys higher secondary school girls higher secondary school and college tuticorin - Facts in detail which are necessary in order to have a glimpse over genesis of litigations filed before this court are stated hereunder - As per Bye Laws of petitioner society which was registered - Office bearers were elected triennium i-e once in three years last of which was held for triennium without any dispute said triennium came to an end - Thereafter it appears that an advance notice was issued by general body and election was scheduled - Agenda fixing election was challenged by a member of society in court of principal district munsif tuticorin seeking for permanent injunction restraining defendants from passing any resolution and conducting any election as per Agenda fixed for meeting – Held, As rightly held by learned Division Bench of this Court a proper course for parties is to approach competent Civil Court for remedying their grievances in regard to membership issue or in regard to conduct of election of General Body - Although some of parties approached Civil Court in this regard but notwithstanding same other parties have chosen to approach this Court and filed as many as writ petitions - It appears that each party has his own axe to grind and such dispute cannot be adjudicated by this Court on basis of mere affidavits and counter affidavits - From nature of dispute and controversy it requires a detailed evidence both documentary and oral for Court to come to any definite conclusion towards comprehensive resolution of dispute and such comprehensive resolution is not possible by this Court which is exercising its writ jurisdiction – Order Accordingly.

JUDGMENT

V. Parthiban, J.

There are 15 Writ petitions in total. All the Writ petitions are pertaining to the affairs of the functioning of the parent society, namely, "Thoothukudi Vadathisai Hindu Nadar Mahamai Dharmakarapettai Paripalana Sangam" bearing Regn.No.4 of 1919 which is registered under the Tamil Nadu Societies Registration Act, 1860.

2. The petitioner in the present Writ petition is the parent society which administers the educational institutions, namely, Boys Higher Secondary school, Girls Higher Secondary School and Kamaraj College, Tuticorin. The facts in detail, which are necessary in order to have a glimpse over the genesis of the litigations filed before this Court, are stated hereunder:

2(i). As per the Bye Laws of the petitioner society which was registered in 1919 under Tamil Nadu Societies Registration Act, 1860. The office bearers were elected triennium i.e., once in three years, the last of which was held for triennium of 2008-2009 to 2010-1011 without any dispute. The said triennium came to an end on 30.06.2011. Thereafter it appears that an advance notice was issued by the General Body on 30.07.2011 and election was scheduled on 28.08.2011. The Agenda fixing the election was challenged by a member of the society in O.S.No.434 of 2011 in the Court of the Principal District Munsif, Tuticorin seeking for permanent injunction restraining the defendants from passing any resolution and conducting any election as per the Agenda fixed for the meeting. Along with the suit, an I.A.No.1443 of 2011 was also filed for interim injunction. By order dated 26.08.2011, the learned trial Court granted interim injunction restraining the society from conducting election until a decision was taken by the General Body in the meeting which was scheduled to be held on 28.08.2011. Accordingly, the society formed a 7 member committee to conduct an enquiry with regard to the membership of the society on 15.04.2012.

2(ii). While so, another suit in O.S.No.152 of 2012 was laid by few members of the Society in the Sub-ordinate Court, Tuticorin, seeking declaration that continuation of the existing office-bearers was illegal and to appoint neutral persons to conduct election after finalizing the membership. This suit was filed on the ground that as per Bye-law 10(b) of the Society's Bye laws, in the absence of any election, the old office- bearers to be continued to hold the office. In the above suit, interlocutory applications in I.A.No.677 & 678 of 2012 were filed. I.A.677 of 2012 was for grant of interim injunction restraining the respondents/defendants therein from functioning as office-bearers and I.A.No.678 of 2012 was for appointment of Advocate-Commissioner for holding enquiry and finalizing the list of members of the society. The learned Sub-ordinate Judge dismissed I.A.No.677 of 2012 by order dated 31.07.2012, however, appointed an Advocate Commissioner with reference to I.A.No.678 of 2012. As against the said order of the learned Sub-ordinate Judge in I.A.No.678 of 2012, the respondents/defendants therein filed a revision petition before this Court in C.R.P.(PD) (MD). No.1839 of 2012 on 27.08.2012 and this Court granted interim stay in M.P.(MD)No.1 of 2012 on 10.09.2012. On 27.02.2013, the interim stay was also extended until further orders.

2(iii) On 17.04.2013, a learned Judge of this Court passed interim orders in the C.R.P.(PD) (MD). No.1839 of 2012 with the consent of rival parties. The oder of the learned Judge on 17.04.2013 is extracted hereunder:

"(i) The committee of seven persons who were entrusted with the job of collecting application forms as per the resolution passed in the General Body Meeting held on 15.04.2012, shall receive applications from all persons who want to become members of the society, provided the applications are received on or before 08.05.2013.

(ii) After collecting the applications and after verifying the list of existing members, the committee of seven members is directed to publish a tentative
















































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