Point of Law: Statutory provision, namely Section 36 of the Tamil Nadu Societies Registration Act, also is not empowering the Registrar of Co-operative Societies to go into the election dispute.

JUDGMENT :

(Prayer: This application is filed under read with Order XXXIX Rule 1 of Code of Civil Procedure, praying for the relief of Ad-Interim Injunction restraining the respondents/defendants 3 to 5 from acting as office bearers to the post of Honorary Secretary, Treasurer and Vice President pursuant to the election dated 22.11.2020 for the first respondent/defendant council pending disposal of the Civil Suit.)

1. The plaintiffs in C.S.No.384 of 2020 has filed this application, seeking the relief to grant an order of Ad-Interim Injunction restraining the respondents/defendants 3 to 5 from acting as office bearers to the post of Honorary Secretary, Treasurer and Vice President pursuant to the election dated 22.11.2020 for the first respondent/defendant council, pending disposal of the Civil Suit.

2. The case of the applicants in a nut shell, is as follows:

(i) The 1st respondent/defendant is a Society registered and governed under the Tamil Nadu Societies Registration Act, 1975. The 2nd respondent/defendant is the Election Officer of the 1st respondent/defendant, appointed by this Court, vide order dated 12.02.2020 in Application No.1685 of 2019 in C.S.No.165 of 2019.

(ii) By way of complying with the directions given by this Court, the 2nd respondent/defendant issued a notification dated 09.10.2020 on behalf of the 1st respondent/defendant, announcing the election schedule for electing Office Bearers and Executive Members of the Tamil Film Producers Council, i.e., the 1st respondent/defendant for the year 2020-2022. Along with the notification, the 2nd respondent/defendant issued the rules and guidelines governing the election along with the applications from 15.10.2020. The 2nd respondent/defendant affixed the rules and guidelines in the notification board of the 1st respondent/defendant Society on 15.10.2020.

(iii) In the notification, it has been specifically mentioned in Clause No.2 that as per Bye-Law 13 of the Tamil Film Producers Council, only those members who have produced and released a Tamil Straight Picture in the last five years, are eligible to seek and file nomination to contest in the election of Office Bearers.

(iv) Contrary to the guidelines given by the 2nd respondent/defendant, the 3rd, 4th and 5th respondents/defendants herein filed their nominations for the post of Honorary Secretary, Treasurer and Vice-President respectively. Respondents 3 to 5, do not possess the prescribed qualification. In this regard, the applicants/plaintiffs and several others have raised objection against the nomination filed by the 3rd to 5th respondents/defendants. In fact, one Singaravadivevelan made a representation in writing vide a letter dated 24.10.2020 to the 2nd respondent/defendant stating that the 3rd to 5th respondents/defendants, do not possess the prescribed qualification.

(v) Since the 2nd respondent/defendant received some objections against the nominations of the said respondents, he had sought for the material information from M/s.QUBE Digital Service Providers through email pertaining to the movies released by the above respondents/defendants. After getting the reply from them and after receiving the objections from various persons, the 2nd respondent/defendant has published the final list of candidates, which contains the names of the 3rd, 4th and 5th respondents/defendants for the post of office bearers in the 1st respondent/defendant Society election for the year 2020-2022.

(vi) The above action of the 2nd respondent/defendant is arbitrary and biased. However, the respondents 3 to 5/defendants are elected as office bearers and therefore, the applicants herein/plaintiffs are constrained to file a suit before this Court and also file this application for the relief stated supra.

3. In response to the averments found in the affidavit filed in support of the application filed by the applicants/plaintiffs, the 1st respondent/1st defendant filed a counter affidavit, wherein he has stated as follows:

(i) The present su