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2021 Supreme(Mad) 2795

IN THE HIGH COURT OF JUDICATURE AT MADRAS
V. BHARATHIDASAN, J.
K.P. Sivasubramaniam – Petitioner
Versus
Victoria Technical Institute – Respondent
W.P. No. 222 of 2014, W.M.P. Nos. 2 of 2014, 33977 of 2017, 27797 to 27800 of 2018
Decided On : 18-01-2021

Advocates:
Advocate Appeared:
For the Petitioners: Mr. V. Selvaraj, Mr. B. Rabu Manohar.
For the Respondents: Mr. T.R. Rajagopalan, Mr. K.V. Sundararajan, Mr. Devadasan, Mr. Sagar, Mr. M.V. Venkateshan, Mrs. Narmadha Sampath, Mr. T.M. Pappiah, Mr. Balan Haridas.

Headnote:

Civil Procedural Code, 1908 - Section 92 - Tamil Nadu Societies Registration Act, 1973 - Section 34A, 36, 15, 34A(1)(a)(iv), 36(9) - Tamil Nadu Societies Registration Act, 1975 - Section 53 - Societies Registration Act, 1860 - Writ Petition - Super-Session of Committee - Power of Registrar to inquire into affairs of registered society - 1st respondent is a society which was formed in 1887 and incorporated under Societies Registration Act, 1860 After enactment of Tamil Nadu Societies Registration Act, 1975, under Section 53 of Act, every society registered under Central Act, XXI of 1860 shall be deemed to be registered under State Act and bye-laws of such society shall, in so far as they are not inconsistent with any provision of this Act, continue in force until altered or rescinded - Hence, by virtue of Section 53 of State Act, 1st respondent society deemed to be registered under Tamil Nadu Societies Registration Act, 1975 - Whether a second inquiry is permissible, on same allegations, that too, based on a complaint given by an individual member of society - Whether inquiry was conducted by following due procedure and strict adherence to principles of natural justice - Whether impugned order is tainted with mala-fide – Held, as of now, only fifteen life members alone are there in society. As per bye-laws, five members have been elected to governing council which includes petitioners and respondents 2 to 4 - Even though Government nominated five members and President to society, that order has been stayed by this court in a writ petition filed by 2nd respondent and those government nominated members have not taken charge - Above said writ petition is pending - Now, it is stated that term of elected members also expired as early - A civil suit has been filed by petitioners herein for framing a scheme for administration of society is also pending - In these circumstances, until disputes between parties are resolved and a valid governing council for society is formed, affairs of society have to be manged effectively - Writ Petition is allowed.

ORDER :

1. This writ petition has been filed challenging the order passed by the 6th respondent Government appointing a Special Officer to Victoria Technical Institute, the 1st respondent herein under Section 34A of the Tamil Nadu Societies Registration Act, 1973 [hereinafter called as “the State Act”].

2. The 1st respondent-Victoria Technical Institute is a society which was formed in 1887 and incorporated on 26.03.1889 under The Societies Registration Act, 1860 (Central Act XXI of 1860). [The 1st respondent will hereinafter be referred to as “the Society”]. After the enactment of The Tamil Nadu Societies Registration Act, 1975, under Section 53 of the Act, every society registered under the Central Act, XXI of 1860 shall be deemed to be registered under the State Act and the bye-laws of such society shall, in so far as they are not inconsistent with any provision of this Act, continue in force until altered or rescinded. Hence, by virtue of Section 53 of the State Act, the 1st respondent society deemed to be registered under the Tamil Nadu Societies Registration Act, 1975.

3. On the occasion of the Silver Jubilee of Her Majesty, the Queen Empress Victoria, in 1887, a Central Jubilee Committee was formed in the City of Chennai, to commemorate the Fifty Years of her reign and collections were made. The State Government has also offered a grant to the committee on condition that the Government will appoint one-third of the Governing Body and the President. The committee after accepting the offer made by the Government, formed the eight members Jubilee Committee along with the President and four members nominated by the Government, which constituted its first council of the respondent society. The main objects of the society among others are, establishing technical libraries, museums, colleges, schools, workshops in Madras and throughout South India; making grants-in-aid to such technical libraries, museums, colleges, schools, classes or workshops as may be affiliated to the Institute in Madras and throughout South India; training teachers of technical subjects for the whole of South India or granting aid to teachers trained in affiliated and independent institutions; buying and selling or selling on commission articles produced by handicraftsmen or otherwise; selling, leasing and otherwise dealing with any immovable property as the Council may think necessary or advisable for the purpose of the Institute. Now, the respondent society is involved in helping the poor and rural craftsman by purchasing their products directly and displaying exclusive handicrafts items in showrooms. That apart, training centers have been started in various places to impart training in local and rural industries.

4. As per the bye-laws of the society, there are three categories of member viz. (i) Life Members, (2) Annual Members and (3) Honorary Members. Admittedly, now, the life members numbering 15 alone constitute the general body of the society. The society shall be governed by a council consisting of eleven members, out of whom, five members should elected by the general body and six members including the President are to be nominated by the State Government. The writ petitioners and the respondents 2 to 4 are the council members elected by the general body. Even though the Government appointed the President and five members to the council, the above order has been stayed by this court in a separate writ petition, at the instance of the 2nd respondent herein.

5. While so, earlier, on a complaint from the 4th respondent herein, who was also a governing council member, dated 24.03.2012, pointing out certain irregularities said to have been committed by the 2nd respondent herein, who was acting as the Secretary of the governing council, in construction of new building and renovation of the existing building of the respondent society, withholding the cheques payable to number of suppliers to the society and also manipulation of certain records relating to

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