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P. VELMURUGAN
Kunjunamma George – Appellant
Versus
State of Tamil Nadu, Rep – Respondent
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 Socie
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 Ju....
The central legal point established in the judgment is the validity of the General Body meeting and election process under the Societies Registration Act, 1975.
[The court established that consent terms in electoral disputes are binding and that the rejection of nominations must be based on clear and consistent grounds, emphasizing the rights of members in t....
The court established that membership eligibility in a society is governed by its bye-laws, and individuals cannot claim membership rights without meeting the stipulated criteria. Additionally, the c....
Doctrine of necessity makes it imperative for authority to decide and considerations of judicial propriety must yield.
The Assistant Registrar lacks jurisdiction to adjudicate on the validity of elections under the Societies Registration Act, 1860, and any disputes must be referred to the prescribed authority under S....
The central legal point established in the judgment is that the constitution of the governing body shall be valid only upon approval, and the tenure of the governing body shall commence from the date....
The court clarified that the Bye-Laws of the Society are not statutory in nature and the dispute with respect to the election of a society per se is not directly decided by the High Court under Artic....
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