The Registrar lacks authority to oversee Society elections, which are internal matters; election validity must be determined by Civil Courts.

ORDER :

(S. Sounthar, J.)

(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned orders passed by the second respondent herein in his proceedings No.562/Aa/2021 dated 16.04.2021 and the proceedings of the third respondent herein in his proceedings number nil dated 12.04.2021 and served on the petitioner on 19.04.2021 quash the same and consequently direct the second respondent to depute an official administrator to manage the affairs of the third respondent office within a time frame as deem fit and proper by this Court.)

The Writ Petition is filed challenging the order passed by the 2nd respondent in his Proceedings No.562/Aa/2021, dated 16.04.2021 rejecting the request of the petitioner to oversee the election to elect Office Bearers of the 3rd respondent-Society as per by-laws.

2. The request made by the petitioner was rejected by the 2nd respondent under the impugned order by relying on the Full Bench decision of this Court in W.A.No.2969 of 2011. The 2nd respondent based on the Full Bench judgment of this Court, came to the conclusion that election is an internal affairs of the Society and the District Registrar had no power to interfere in the said internal affairs. The parties were relegated to workout their remedy before the Civil Court. Aggrieved by the same, the petitioner has come before this Court.

3. The learned counsel appearing for the petitioner submitted that the election to elect the Office Bearers of the 3rd respondent-Society has not been conducted as per the by-laws and therefore, he submitted a representation before the 2nd respondent seeking his intervention to conduct the election as per the by-laws of the Society. The learned counsel further submits that 2nd respondent being a Statutory Authority empowered to register the details of the elected representatives of the Society under Form-7 is entitled to oversee conduct of election to the Society.

4. A Full Bench of this Court, in its decision in C.M.S.Evangelical Suvi David Memorial Higher Secondary School Committee, Karisal through its Secretary, Sri S.David Stephen, Karisal, Ambasamudram Taluk, Tirunelveli District and others Vs. The District Registrar Cheranmahadevi, Tirunelveli District and others (W.A.Nos.2969/2001, 331/2002 and 217/2004, dated 24.03.2005), reported in 2005(2) CTC 161 has held that the Registrar has no power to go into the validity or otherwise election results and it is for the civil courts to decide the same. The relevant portion of the said decision is extracted as under:-

“20. As the power of the Registrar to hold enquiry is only to arrive at a prima facie conclusion as to the correctness of the particulars given in Form VII, the provision of sub-section(9) of Section 36 should also be understood to mean that he could issue such directions to the registered society or any of the member of the society only with reference to the details furnished in Form VII. It must also be borne in mind that the enquiry under Section 36 is not only limited to the regular affairs of the society and such affairs not only include the constitution of a registered society but also to the working and financial condition, and hence, the power of the Registrar to issue such direction under sub-section (9) of Section 36 of the Act, in regard to the constitution of the registered society must be understood in the context of Form VII. Section 14 obligates the registered society to maintain a register containing the names, addresses and occupations of its members. Section 15 further mandates such registered society shall filed with the Registrar a copy of the register maintained by it under Section 14 and from time to time file with the Registrar notice of any change among the members of the committee. In the absence of failure to comply with Section 14, the Registrar could only resort to the power under Section 37 to cancel the registration. He