The main legal point established in the judgment is that By-law 44 of the third respondent society, which barred members from casting their vote through proxy, was declared illegal and void, and a Judge Commissioner was appointed to conduct the election.

JUDGMENT

1. The Suit in C.S.No.364 of 2020 has been filed by the Plaintiff to declare that By-law 44 of the third respondent society (Madras Medical Mission) insofar as it bars the members of the society by casting their vote through proxy as illegal, null and void, as the same is contrary to the provisions of the Tamil Nadu Societies Registration Act, 1975, and consequential mandatory injunction has also been prayed for in the suit for the conduct of the election for selection of the members to the Governing Board of the society allowing the members of the society to the cast their vote either in person or through proxy.

2. In the Suit, two Applications have been filed, Application in O.A.No.686 of 2020 has been filed for a direction to the third respondent society to conduct election, pending finalisation of the suit. Another Application in O.A.No.687 of 2020 has been filed seeking for an interim injunction restraining the Governing Board of the third respondent society from taking any decision regarding the functioning of the posts in the Governing Board are completed pending disposal of the Civil Suit.

3. The facts of the case is as follows:-

The Madras Medical Mission is the Society registered under the provisions of the Tamil Nadu Societies Registration Act, 1975 (hereinafter referred to as 'the Act'). The Society is governed by the provisions of the Act as well as the By-laws governing its objects and the administration in relation to membership and qualification, Register of Members, Election, Office Bearers, Governing Body etc. The society currently has a total membership of 133 life members. The management and the control of the affairs of the Society is vested with the Governing Board which has a maximum number of 21 members duly elected from among the life members of the 3rd respondent society. Seven members of the Governing Board retire every year by rotation. The election of members to the Governing Board of the 3rd respondent Society was periodically held during the last years namely 2017, 2018 & 2019. In the elections, as per By-law 44 of the Society, proxy voting system was not allowed, which is contrary to the provisions of the Tamil Nadu Societies Registration Act, 1975 and also the law laid down by this Court. Therefore, the suit has been laid to declare the By-law 44 as illegal and void.

4. During September 2020, seven (7) members of the Governing Board retired after completion of 3 years tenure in terms of the provisions of the By-laws. Consequent upon their retirement, the Interim Secretary of the 3rd respondent Society issued notice on 12.11.2020 in terms of By-law 42 calling for nomination to fill up 7 vacancies and the last date for filing of nomination was stated to be of 26.11.2020. In the communication, it was further stated that the election will be held during the 30th Annual General Meeting, the date, venue and the time will be intimated later. The applicant is more than 90 years old and many members are more than 70 years old and they will be in a position to physically present and vote in the Annual General Meeting for electing the members of the Governing Board. Therefore, the grievance of the applicant is that the members of the 3rd respondent Society are being prevented from casting their vote through proxy in view of the prohibition as contained in By-law 44 of the Society, their participation in the Annual General Meeting would be denied despite they being the life members of the Society. Hence, the applicant has filed the present Suit to declare that By-law 44 of the third respondent society insofar as it bars the members of the society by casting their vote through proxy as illegal, null and void, as the same is contrary to the provisions of the Tamil Nadu Societies Registration Act, 1975.

5. In the meanwhile, four members of the third respondent society have been suspended and they have approached this Court by filing a Suit in C.S.No.329 of 2020, in which this Court while granting an interi