ORDER

The Petitioner a member of the 2nd respondent Society, viz., the Hindu Nadar Uravinmurai Sangam, Thiruchuli, Virudhunagar District has filed this writ petition for a writ of mandamus directing the District Registrar of Societies, Virudhunagar District to conduct election for the 2nd respondent Society and for the 3rd and 4th respondent Educational Institutions, under the control of an Advocate Commissioner.

2.The learned Senior Counsel appearing for the petitioner submits that the petitioner is a member of the Hindu Nadar Uravin Murai Society, which is registered under the Tamil Nadu Societies Registration Act, 1971. As per the by-laws of the society, the members of the Executive Committee are to be elected once in a three years. The society owned and managed the 3rd and 4th respondent institutions, dairy farms and a theatre. Thereafter it became defunct. Subsequently another society in the name of Tiruchuli Uravinmurai Nattargaluku Patiyapatta S.Vaidhylinga Nadar High School Committee was formed and registered in the year 1997. Thereafter the 2nd respondent society was registered in the year 2000. Both societies claimed administration of the properties of the schools. Since then there were several issues in the administration of the society and the educational institutions run by the society. While so, in the earlier occasion, a writ petition in WP(MD)No.18775 of 2019 was filed seeking for a writ of mandamus, directing the 1st respondent herein to conduct election for the Society and the schools under the Control of an Advocate Commissioner. This Court by order dated 26.11.2016 appointed Advocate Commissioner to conduct election. Accordingly election was conducted and officer bears were elected. The tenure of the present body expires on 26.09.2023. Since there was no notification issued for conducting election, the petitioner made request to the society and it was replied that election would be conducted in consultation with the 1st respondent. However no step are taken by the present office bearers to conduct the election. Therefore, the present writ petition is filed with the above prayer and the learned Senior Counsel prays that the writ petition be allowed.

3.Mr.T.Pon Ramkumar, takes notice for respondents 2 to

4 at the admission stage. The learned Senior Counsel appearing for respondents 2 to 4 submits that the election would be conducted in a fair and proper manner. The writ petitioner having certain apprehensions has filed this writ petition. However, they are not having any objection for appointment of Advocate Commissioner to conduct election for the society and the schools.

4.The learned Additional Government Pleader appearing for the 1st respondent submits that it is not possible for the 1st respondent to be present in all the societies at the time of election and if any allegations are raised in the conduct of the election, it would be considered in accordance with law.

5.This Court considered the rival submissions and perused the materials placed on record.

6.The learned Senior Counsel has relied on the earlier orders of this Court in WP(MD)No.18775 of 2019, dated

26.11.2019 and the relevant portion is extracted hereunder:

“15.We grant permission to the election officer to appoint a person to assist him in the proceedings, to finalise the list of members etc., While finalising the voters list, the election officer shall examine as to why names of the members were removed and if it is found to be incorrect those members shall reinducted. Before doing so a meeting shall be convened among all the parties, so that there is no further litigation in the matter. The remuneration to the Election Officer shall be paid by the petitioner Sangam and since it is represented that the interim property protector has been nominated and who is the member of the society he shall produce all the accounts before the election officer, who shall scrutinise the same and from and out of the amount, collected, the remuneration payable to