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S. M. SUBRAMANIAM, C. KUMARAPPAN
Kumara Rajah Muthiah School of Traditional Arts and Crafts, Represented by its Secretary – Appellant
Versus
Secretary to the Government, Commercial Tax and Registration Department – Respondent
JUDGMENT :
S.M.SUBRAMANIAM, J.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, to allow the writ appeal and set aside the order of the Learned Single Judge made in W.P.No.19742 of 2019 dated 28.10.2021.
The writ petitioner is the appellant before us.
2. The writ petition was instituted challenging the proceedings of the District Registrar (Administration), Chennai-Central dated 02.07.2019. Certain complaints against the constitution and functioning of the appellant Society had been raised by the members and a complaint had been lodged before the District Registrar under the Tamil Nadu Societies Registration Act, 1975. Several complaints are raised,. The Registrar adjudicated the issues. The relief sought for in the complaints are as under;
B) Exclude those persons names, whose names are not found in Form VI & VII as available with Registrar of Societies before the year 2012.
C) Smt.Kumararani Meena Muthiah or related person to hand over the records to V.Palaniappan (Present Secretary of Society)
D) To allow and permit only those persons whose names are reflected in Form No.VI
The Registrar's examination under Section 4-B of the Societies Registration Act, 1860 is limited to inclusion and deletion of members, and membership claims require examination in a civil suit.
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....
The court affirmed that the Assistant Registrar must assess the bona fides of disputes before deciding on their referral to the Prescribed Authority under the Societies Registration Act.
The Assistant Registrar lacked jurisdiction to review prior decisions regarding membership induction, and the failure to notify affected members violated natural justice principles.
Point of Law : Parties could not have been relegated to avail the remedy provided under Section 25 (1) of the Act. In fact, the Deputy Registrar in the order impugned was not concerned only with elec....
The court ruled that the failure of a society to produce necessary records should not disadvantage members claiming valid induction, emphasizing the importance of proper documentation in membership d....
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