2020 Supreme(Mad) 34

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K. KALYANASUNDARAM, J.
South Indian Artistes' Association, Rep. by its General Secretary, T. Nagar - Petitioner
Versus
The Registrar of Societies, South Chennai, District Registrar (Admin), Guindy Industrial Estate, Guindy & Others - Respondents
W.P. Nos. 17583 of 2019, 31752 & 31755 of 2019 & Connected miscellaneous petitions & O.A. Nos. 574, 575, 657, 701 of 2019 & A.No.3759 of 2019 in C.S. Nos. 353, 419, 441 of 2019
Decided On : 24-01-2020

Headnote:

Civil Procedure Code , 1908 - Section 151- Section 9 - Order XXXIX Rule 1 and 2 - Order XIV Rule 8 - Constitution of India - Article 226 - Article 14 - Tamil Nadu Societies Registration Act, 1975 – Section 128 , 37 , 31 , 33 , 15 , 53 , 36 , 34 , 41 , 14 and 20 - Tamil Nadu Societies Registration Rules - Rule 6 - Rule 17 - Petitioner would state that since office bearers were held up in shootings and they were busy with raising of funds for ongoing construction and for some other reasons, they could not conduct Executive Committee Meeting before extended period of six months, but in meeting held, was appointed as an Election Officer to conduct election for office bearers of petitioner-Association - updated and filed - Election Officer also finalized eligible voters list for election to be conducted - Accordingly, an election notification, was issued - While so, a letter was received from first respondent, levelling certain allegations, based on complaints received from members - Petitioner-Association sent a reply, however, first respondent without due consideration to detailed reply given by petitioner-Association, in a hurried manner, issued impugned order - Association, impugned communication, is arbitrary, illegal and mala-fide and it is liable to be set-aside being violative of law - As per, first respondent is authorized to take action on compliant of not less than 1/3rd of members of registered Society, but in this case, complaints preferred by 61 members do not constitute minimum required member of 1/3rd of members - Power and functions of Registrar are only ministerial and he cannot exercise any further powers other than seeking for clarification, but under guise of seeking clarification, first respondent has exercised extraordinary powers of stalling election process, which is against decision of Division Bench of this Court reported – Held , Association provides for conduct of election of office bearers once in three years - Such being legal position, term of Executive Committee cannot be extended by way of resolution at General General Body Meeting, that too, on ground that construction of convention hall and office premises are in progress - Even petitioner Association has not conducted election within extended period of six months - That apart, observation made by Division Bench of this Court in case of Music Academy v - Inspector General of Registration and another that there is no scope for holding that any person could be nominated as Trustee nor it can be held that nominated trustee can hold office for six years, because Act is very categorical that members of Managing committee should hold office for three years, is squarely applicable to facts of present case - Thus, it is very clear that Executive Committee of petitioner Association has no power to convene meeting for purpose of conducting election for forthcoming terms - In ultimate analysis, this Court has no hesitation to hold that decisions taken by Executive Committee of petitioner Association in meetings held after expiry of their tenure and actions taken pursuant to same are invalid in law and not binding on members of Association - As such, appointment of Election Officer and election conducted are null and void - In such view of matter, other contention raised by plaintiffs need not be gone into now by this Court, and same are left open to plaintiffs during hearing of suit - Election Officer shall be paid a sum of Rs -2,50,000/- towards initial remuneration by petitioner Association - Fresh voters list shall be prepared, after verification and same shall be notified - Fresh election notification shall be issued, as per Bye-law - Election Officer shall take steps to conduct fresh election of office bearers of Executive Committee - members of petitioner Association and Government of Tamil Nadu shall provide all assistance including police protection and extend fullest co-operation to Election Officer for conduct of free and fair election - Decision of Election Officer is final with regard to issues relating to election process - Writ petition dismissed