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.

JUDGMENT

(Prayer: Writ Appeal filed under Clause 15 of the Letter Patent to set aside the order passed by this Court in W.P.(MD)No.11734 of 2022, dated 20.06.2022.

Writ Appeal filed under Clause 15 of the Letter Patent to set aside the order passed by this Court in W.P.(MD)No.3317 of 2022, dated 20.06.2022.

Writ Appeal filed under Clause 15 of the Letter Patent to set aside the order passed by this Court in W.P.(MD)No.10377 of 2022, dated 20.06.2022.

Writ Appeal filed under Clause 15 of the Letter Patent to set aside the order passed by this Court in W.P.(MD)No.10965 of 2022, dated 20.06.2022.)

Common Judgment:

S.S. Sundar, J.

1. Heard Mr.V.Meenakshi Sundaram, learned Counsel for the appellants in W.A(MD)Nos.633 to 635 of 2022, Mr.A.S.Vaigunth, learned Counsel for the appellant in W.A(MD)No.632 of 2022, Mr.Isaac Mohanlal, learned Senior Counsel for the third respondent in W.A.(MD)No.632 of 2022, first respondent in W.P.(MD)No.633 of 2022 and fourth respondent in W.A(MD)No.634 of 2022, Mr.T.Antony Arulraj, learned Counsel for the first respondent in W.A.(MD)No.635 of 2022 and Mr.K.Jeyaseelan, learned Government Advocate appearing for the official respondents.

2. Since the issues arose for consideration in all these Writ Appeals are identical and are inter-linked, they are heard together and disposed of by this common judgment.

3. The appeals relate to the internal affairs of a society known as “Thoothukudi Vadadhisai Hindu Nadar Mahamai Dharma Karapettai Paripalana Sangam”. Though it was registered under the Societies Registration Act (Central), it is deemed to be registered under the Societies Registration Act, 1975, by virtue of the provisions of the latter Act. It is admitted by either side that the society is the educational agency of several educational institutions. There are five educational institutions, which were established by the society.

4. It is admitted that the elected representatives of the General Body of the society for every educational institutions has to administer the educational institutions. It is admitted that three different Executive Committees are constituted by electing members of three Committees for administering the five educational institutions run by the society. The election to the office bearers of the society is conducted once in three years. For the period from 2019-21, the election was held on 10.08.2019. It appears that disputes arose and the General Body was divided into two factions. Though it appears that one of the factions have decided to conduct election, it is at that time, a controversy arose, as to the convening of a General Body meeting on 30.10.2021.

5. The dispute relates to two out of three lists of eligible voters. The core issue understood by this Court revolves around the validity of the General Body meeting stated to have been convened on 30.10.2021, in which, new members were inducted and enrolled. Since some of the members had objected for the induction of new members mainly on the ground that the meeting itself was not convened, as it was canvassed by other group, the dispute is narrowed down to the eligible members who are entitled to vote in the ensuing election to elect the members and office bearers of the three Executive Committees.

6. On the basis of meeting convened on 30.10.2021, the office bearers of the society submitted Form-VII before the District Registrar. The District Registrar considered the dispute. Though the District Registrar is unable to accept the case of appellants that there was no meeting for General Body on 30.10.2021, the District Registrar refused to accept Form-VII only on the ground that the previous returns and proceedings of Society had not been filed/updated. Therefore, Writ Petitions were filed by both factions.

7. W.P.(MD)No.3317 of 2022 was filed by the society represented by its elected Secretary for issuing a Writ of Certiorarified Mandamus to quash the order passed by the District Registrar, dated 02.02.2022 rejecting Form-VII and sought for