The Registrar does not have the power to interfere with the election of a Society, and election disputes should be decided by the Civil Court.

1. The Petitioner is "South Indian Artistes Association" which is governed by the provisions of the Tamil Nadu Societies Registration Act, 1975 (hereinafter referred to as 'the Act' for short). The Office Bearers of the Petitioner were last elected during the election held on 18.10.2015 and they were entitled to hold office for a period of three years ending on 18.10.2018. According to the Petitioner, in the Annual General Body meeting of the Petitioner held on 19.08.2018, it had been unanimously approved by the members who had participated that the existing Office Bearers continue to manage the affairs of the Petitioner for another six months as a huge construction was taking place in the premises belonging to the Petitioner, which was in a crucial stage. As a consequence of that decision, it is claimed that the term of the Office Bearers had stood extended till 18.04.2019. The Executive Committee of the Petitioner in the meeting conducted on 28.04.2019 had requested Hon'ble Mr. Justice E. Padmanabhan, Retired Judge of this Court, to act as Election Officer to conduct election for the next term of the Office Bearers, which he has accepted. In pursuance thereof, the Election Officer issued a notification dated 29.05.2019 for election in which polling is scheduled to be held from 7.00 a.m. to 5.00 p.m. on 23.06.2019 at Dr. MGR-Janaki College of Arts & Science for Women, Raja Annamalai Puram, Chennai-600 028.

2. While the matter stood as narrated supra, the First Respondent by proceedings Na. Ka. No. 6443/E2/2019 dated 13.06.2019 issued show cause notice calling upon the Petitioner to submit explanation by 5.00 p.m. on 17.06.2019 for the complaints received from 62 persons claiming to be members of the Petitioner that they had voted in the previous election but their names have been found to have been removed in the electoral roll for the forthcoming election. In reply to the same, the Petitioner submitted an explanation dated 17.06.2019 pointing out, inter-alia, that 9 of the said persons still continue to be in the electoral roll, 6 of them had been removed due to non payment of dues, 3 of them had been removed on account of disciplinary action taken and 44 of them had forfeited their voting right as they had been changed from the category of professional member to amateur member as they had not given details of their continuity as artistes despite information sought from them and that particulars shown in respect of the remaining person was incorrect. It is also highlighted that the aforesaid change in membership status in respect of those members had been mentioned in the Form VII submitted under Rules 16 and 17 of the Tamil Nadu Societies Registration Rules, 1978, that had been presented by the Petitioner on 15.11.2017 pursuant to the decision taken in that regard in the meeting of its Executive Committee held on 13.08.2017.

3. The First Respondent by proceedings No. 6443/E2/2019 dated 19.06.2019 held that since the Office Bearers of the Petitioner had decided to conduct the election after the tenure of three years had lapsed, it requires to be ascertained as to whether the electoral roll was in order and the matter has to be examined in further detail and in view of those circumstances, it was not conducive to conduct the election for the various post of the Officer Bearers and other Committee members of the Petitioner and till a final decision in the enquiry conducted in the regard is taken, all measures taken for conduct of election shall be ceased. The said order passed by the First Respondent is impugned in this Writ Petition.

4. Heard Mr. E. Omprakash, Learned Senior Counsel appearing for the Petitioner and Mr. P.H. Aravind Pandian, Learned Additional Advocate General assisted by Mr. T.M. Pappiah, Learned Special Government Pleader, who has taken notice for the Respondents and perused the materials placed on record, apart from the pleadings of the parties.

5. The Learned Senior Counsel appearing for the Petition