The appointment of an administrator does not confer the power to induct new members, as it would disturb the democratic process and take away the supremacy of the general body.

JUDGMENT

(Prayer in WA(MD).No.29 of 2022: Writ Appeal filed under clause 15 of the Letters Patent, to set aside the order dated 22.12.2021 passed in W.M.P(MD).No.18282 of 2021 in W.P(MD).No.21216 of 2019 and allow this Writ Appeal.

WA(MD).No.30 of 2022: Writ Appeal filed under clause 15 of the Letters Patent, to set aside the order dated 22.12.2021 passed in W.M.P(MD).No.18286 of 2021 in W.P(MD).No.21218 of 2019 and allow this Writ Appeal.)

Common Judgment

R. Vijayakumar, J.

1. The present Writ Appeals in WA(MD).Nos.29 and 30 of 2022 arise out of interim orders passed in W.M.P(MD).Nos.18282 and 18286 of 2021 in W.P(MD).Nos.21216 and 21218 of 2019 respectively.

2. In W.A(MD).No.29 of 2022, the fifth respondent in the writ petition is the appellant. In W.A(MD).No.30 of 2022, the sixth respondent in the writ petition is the appellant.

2.(i). Factual background:

Yadhavar Kalvi Nidhi was registered as a society in the year 1962 under Tamil Nadu Societies Registration Act, 1860. The said Society started Yadhava College in the year 1969. Later, the Society was deemed to be registered under Tamil Nadu Societies Registration Act, 1975. The said Society is the Educational Agency of Yadhava College. The College is governed by the provisions of Tamil Nadu Private Colleges (Regulation) Act, 1976. The said facts are not in dispute.

3. In the year 2018, several disputes arose between the office bearers on one side and members on the other side of the society with regard to the administration of the Society and the College. Since there was stalemate in the administration of the society and the college, the Inspector General of Registration submitted a report. The Government passed G.O.(Ms).No.96, Commercial Taxes and Registration (M1) Department on 27.07.2018 under which a Special Officer was appointed to administer the Society by invoking Section 34-A of Tamil Nadu Societies Registration Act, 1975. The said Government order was challenged by one K.P.Navaneethakrishnan in W.P(MD).No.17982 of 2018.

4. The Government issued G.O (Ms).No.212 , Higher Education (D2) Department on 05.09.2018 appointing a Special Officer to administer the Yadhava College by invoking Section 14-A of the Tamil Nadu Private Colleges (Regulation) Act, 1976. The said Government order was challenged by one K.P.Navaneethakrishnan under W.P(MD).No.20242 of 2018.

5. Several Writ petitions were filed before the Madurai Bench of Madras High Court relating to the administration of the above said society and college. On 12.04.2019, the Principal Secretary to Government issued a proceeding to the Inspector General of Registration requesting him to identify the life members of the society and thereafter, prepare a list of genuine members of the society and conduct the election. On 26.06.2019, the Inspector General of Registration has sent a communication to the Special Officer appointed to administer the society directing him to identify the genuine and qualified members of the society and thereafter, conduct the election. One Mr.G.Veluchamy filed W.P(MD).No.21216 of 2019 seeking mandamus to prepare electoral list/membership list and hold elections to the Society strictly in accordance with the above said proceedings dated 12.04.2019 and clarification dated 26.06.2019.

6. On 17.09.2019, the Deputy Inspector of Registration who was the Special Officer of the Society issued an election notification for conducting election to the Society. The said election notification was challenged by one K.P.Navaneethakrishnan in W.P(MD).No.21218 of 2019.

7. Appointment of Administrator:

7(i). Apart from the above referred writ petitions, some other writ petitions were also filed touching upon the administration and management of the Society as well as the College. All the writ petitions were heard together and a common order was passed by a learned Single Judge of this Court on 31.03.2021. As per the said order, G.O.Ms.No.96, Commercial Taxes and Registration (M1) Department, dated 27.07.2018 under