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2019 Supreme(Mad) 2421
IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. Subramanian, J.
Pennar Senior FC, Rep. by its Secretary K. Tamilselvan, Krishnagiri & Others - Appellant
Versus
Government of Tamil Nadu, Rep. by its Secretary, Commercial Taxes & Registration Department, Chennai & Others - Respondent
Application Nos. 1153 to 1555 of 2019 in A. No. 1774 of 2019 & OA No. 128 of 2019 in CS. No. 126 of 2019
Decided On : 27-09-2019
For the Appellant :N.L. Rajah, SC for K. Seshasayee, Advocate.
For the Respondents:A.R.L. Sunderasan, SC for M/s. A.L. Ganthimathi, Advocate.
Headnote:
Tamil Nadu Societies Registration Act, 1975 - Code of Civil Procedure,1908 - Section 151 - Order XIV Rule 8 – Constitution of Indai,1950 - Article 25,29 and 33 - Interim injunction - Plaintiffs who are members of District Football Association and District Football Association represented by its Secretary one have filed the above suit in seeking a declaration that the notices issued by the fourth defendant for convening Annual Ordinary Congress to be held on at Hotel Green Palace SNM Green City Nagai Express way as null and void and for consequential injunctions - Other District Football Associations are classified as Ordinary Members - It is not in dispute that District Football Association is an active member of the Tamil Nadu Football Association fourth defendant - Voting rights of the members of the fourth defendant Association are governed by Article 25 of statutes - Election of the Managing Committee of the fourth defendant is held at Annual Congress of delegates of all active members - Held, It is also seen from the records the complaint was made to Inspector of Police complaining that the second contemnor had refused to receive the copy of order when it was attempted to be served on him - All these would show that the contemnors have not only disobeyed order but they also burk real facts from the Court - False affidavits have been filed stating that they were not allowed to take their mobile phone into the meeting hall - This shows nonchalant attitude of the respondents - Recording these facts court had passed an order on restraining the persons who claimed to have been elected from functioning as office bearers of the Association - Despite the said order second respondent contemnor had continued to describe himself as a legal custodian of Tamil Nadu Football Association even in subsequent communications – Order Accordingly
ORDER :
Prayer in Appl. No.1153 of 2019: Application is filed under Order XIV Rule 8 of the Original Side Rules read with Section 151 of the Code of Civil Procedure, praying to grant an interim direction to supersede the fourth respondent and appoint an Administrator to conduct the elections for the fourth respondent after following the mandatory provisions of the fourth respondent's bye-law and Tamil Nadu Societies Registration Act, 1975.
Prayer in Appl. No.1554 of 2019: Application is filed under Order XIV Rule 8 of the Original Side Rules read with Order XXXIX Rule 2A of the Code of Civil Procedure, 1908, praying to punish the fourth respondent in OA No.128 of 2019 and respondents 2 to 8 herein as well as for willful disobedience of this Hon'ble Court order dated February 08, 2019 passed in OA No.128 of 2019 in CS No.126 of 2019.
Prayer in Appl. No.1555 of 2019: Application is filed under Order XIV Rule 8 of the Original Side Rules read with Section 151 of the Code of Civil Procedure, 1908, praying to set-aside the election and decisions taken at Annual Ordinary Congress held on 09.02.2019 at Hotel Green Palace, SNM Green City, Vilar, Trichy – Nagai Express way, Thanjavur 613 006.
Prayer in O.A. No.128 of 2019: Application is filed under Order XIV Rule 8 of the Original Side Rules read with Order XXXIX Rule 1 and 2 of the Code of Civil Procedure, 1908, praying to grant interim injunction restraining the present office bearers of the fourth respondent Association, their men, agents and associates from convening the proposed 83rd Annual Ordinary Congress to be held on 09.02.2019 at Hotel Green Palance, SNM Green City, Vilar, Trichy – Nagai Express way, Thanjavur 613 006 or at any other place and any similar meeting on subsequent dates until final disposal of the present suit.
Prayer in A. No.1774 of 2019: Application is filed under Order XIV Rule 8 of the Original Side Rules read with Order XXXIX Rule 4 of the Code of Civil Procedure, 1908, praying to vacate the interim order passed in OA.No.128 of 2019 in CS.No.126 of 2019 dated 08.02.2019.
1. All these applications relate to the management of the affairs of the Tamil Nadu Football Association. Considering the fact that there are several applications, the parties will be referred to as per their rank in the suit.
2. The plaintiffs who are members of the Krishnagiri District Football Association and the Krishnagiri District Football Association, represented by its Secretary one Mr.C.Sasikumar, have filed the above suit in CS No.126 of 2019 seeking a declaration that the notices dated 07.01.2019 and 22.01.2019 issued by the fourth defendant for convening the 83rd Annual Ordinary Congress to be held on 09.02.2019 at Hotel Green Palace, SNM Green City, Vilar, Trichy-Nagai Express way, Thanjavur 613 006, as null and void and for consequential injunctions.
3. The Management of the fourth defendant Association is governed by the statutes. Article 9 of the statutes provides for various categories of members in the fourth defendant Association. They are
(a) Active Members (District Football Association)
(b) Ordinary Members (District Football Association)
(c) Tamil Nadu Women’s Football Committee as Associate member.
The District Football Associations that comply with the following qualifications are classified as Active District Football Associations:
1. Have sixteen (16) Active Clubs or more
2. Conducts the district annual leagues for all its members providing each of them with a minimum of sever (7) matches in the league.
3. Conducts Annual Schools Tournament for schools in its jurisdiction.
4. Participates in all the State Championships for Men
5. Holds its General and Executive Committee Meetings in accordance with the articles of the statutes every year.
6. And are not otherwise disqualified either by
