JUDGMENT

Prayer: Application filed under Order XIV Rule 8 of O.S. Rules read with order XXXIX Rule 2A of CPC for the following reliefs:

(a) This application should not be treated as urgent?

(b) The Hon’ble Court should not be pleased to punish the 2nd respondent / defendant for wilful disobedience of the Order dated 12.10.2021 passed in O.A. No.653 of 2021 in C.S. No.316 of 2021?

(c) And pass such other suitable orders as this Hon’ble Court may deem fit and proper in the circumstances of this case and thus render justice.)

1. Teachers are the ultimate role model for the students. The case on hand is a classic example as to how due to the unsavoury dispute between the office bearers of an Association representing the interest of the Elementary School teachers belonging to Government Aided School, a bad example has been set by them for the students who are considered to be nation builders.

2. The dispute pertaining to all the three suits has emanated from an alleged resolution passed on 22.07.2021 by the Tamil Nadu Elementary School Teachers’ Federation which shall hereinafter be referred to as the "Federation" whereby in an Executive Committee Meeting, it was resolved to convene a General Body Meeting on 17.10.2021 for the purpose of taking action against the office bearers of the District Federations who had allegedly misused the funds collected for Covid-19 relief and not deposited the collected fund into the nominated bank account of the federation as per the communication sent by N.Rengarajan, the General Secretary of the Federation on 18.05.2021. There are three players involved in this common dispute, viz., (a) N.Rengarajan, the General Secretary and his supporters on one side, (b) S.Gunasekaran, the President of the Federation cum District Secretary, Virudhunagar and c) V.S.Muthuramasamy, the District Secretary of Erode District on the other.

3. The "Federation" represented by its General Secretary Mr.N.Rengarajan has filed the suit CS.No.311 of 2021 seeking for the following reliefs:

(a) Grant a judgment and decree of declaration declaring the defendant’s notice dated 24.09.2021 issued to the members of the State General Council of the Tamil Nadu Elementary School Teachers’ Federation convening an Extraordinary General Body Meeting of the State General Council of the Federation on 16.10.2021 as null and void.

(b) Grant a judgment and decree of permanent injunction restraining the defendant, his men, agents or anyone claiming authority under him or through him from conducting Extraordinary General Meeting of the State General Council of the Tamil Nadu Elementary School Teachers’ Federation on 16.10.2021 or any other date without following the due procedure contemplated in Section 28 and Rule 27 of Tamil Nadu Societies Registration Act, 1975 and Rules 1978.

(c) Award cost to the plaintiff.

4. S.Gunasekaran, the President of the Federation and the District Secretary of Virudhunagar District has filed the suit CS.No.316 of 2021 seeking for the following reliefs:

(a) Declaring the resolution No.6 passed in the Minutes of Meeting of the Executive Committee of the 1st Defendant Federation dated 22.07.2021 as null and void, non-est and contrary to the provisions of the Bye Laws of the 1st Defendant Federation.

(b) Declaring the consequential Letter dated 20.09.2021 convening the Executive Committee Meeting of the 1st Defendant Association on 17.10.2021 as null and void, non-est and contrary to the provisions of the Bye-Laws of the 1st Defendant Federation.

(c) Permanent injunction restraining the 2nd Defendant, his men, persons claiming under him or acting on his behalf from convening and conducting the Executive Committee Meeting of the 1st Defendant Federation based on the Letter dated 20.09.2021, either on 17.10.2021 or any other date without following the provisions of the Bye Laws of the 1st Defendant Association and the Provisions of the Tamil Nadu Societies Registration Act, 1975 and the Rules framed thereunder.

(d) Directing the def