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S. SOUNTHAR
E. Chitranand – Appellant
Versus
Inspector General of Registration, Chennai – Respondent
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
The Registrar lacks authority to oversee Society elections, which are internal matters; election validity must be determined by Civil Courts.
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 Assistant Registrar lacks the authority to declare election results or cancel prior elections as per the Societies Registration Act; only the Prescribed Authority has such jurisdiction.
Only the Prescribed Authority has the jurisdiction to decide on the validity of society elections under the relevant provisions of the Act.
Court emphasized that judicial intervention in ongoing election processes should be avoided to uphold the democratic framework, reserving disputes for resolution post-election.
A dispute arising among the members of a society registered under the A.P. Societies Registration Act, 2001, relating to the affairs of the society, is to be resolved through the mechanism provided u....
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