A.No.725 of 2021

Reserved on

17.03.2022

Delivered on

29.08.2022

P.VELMURUGAN, J.,

A.No.4529 of 2021 & A.No.781 of 2022

O.A.No.725 of 2021

in

C.S.No.339 of 2021

Civil Suit No.339 of 2021 has been filed to declare the notice issued by

the Governing Board of the first defendant dated 13.10.2021 and the notice

issued at the request of the third respondent (requisitionist) on 28.10.2021 is

null and void. A permanent injunction has also been sought for in the suit with

regard to the said meetings as per the aforesaid notices. Pending suit,

Application in O.A.No.725 of 2021 has been filed.

2. The meeting convened by the Governing Board was scheduled to

take place on 04.12.2021 and the meeting convened by the 3^rd respondent was

scheduled to take place on 22.11.2021. This Court after hearing the parties

ordered that the exparte relief sought for in the application cannot be granted

and only after counters were filed, the said application can be disposed of on

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A.No.725 of 2021

merits and in accordance with law. However, this Court deemed fit to pass the

following directions as interim measure to protect the interest of both the

parties to the litigation:-

(A) The meeting scheduled to take place at the

instance of the third respondent on 22.11.2021 shall go on

without hindrance, however, it shall be subject to the result of

this Court in O.A.No.725 of 2021.

(B) Similarly the meeting convened by the first

respondent scheduled to take place on 04.12.2021 shall also

be subject to the result of O.A.No.725 of 2021.

3. Pursuant to the directions of this Court, meetings have been

conducted by both the third respondent and the Governing Board respectively

and certain resolutions have been passed.

4. The learned Senior counsel appearing for the applicant would submit

that calling of meetings by both the parties viz., one by third respondent on

22.11.2021 and the another by the Governing Board on 04.12.2021 are in grave

contravention to the provisions of the Tamil Nadu Societies Registration Act,

1975 (hereinafter referred to as 'Act') and the Bye-laws of the society. Further,

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A.No.725 of 2021

the learned Senior counsel would submit that it is settled law that Bye-laws of

the society are the custodian of the society and all members are bound by the

same, and in this regard, to support the said contention, the learned Senior

counsel placed reliance on the decision of the Hon'ble Surpeme Court in the

case of Zoroastrian Co-op Societies Ltd., vs. District Registrar, (2005) 5

SCC 632. The learned Senior counsel would further submit that the first

respondent society is a voluntary society and bound by its Bye-laws and the

Governing Board of the society is empowered to manage the affairs of the

society and as per Bye-law Nos.21, 40, 62 and 64, it has the power to create or

appoint new posts and remove members of the society and the said power

cannot be usurped by the General Body of the society by way of a resolution

and if the said practice is permitted, the Bye-laws would be rendered as nullity

and therefore, in such circumstances, the resolutions of the meetings dated

22.11.2021 and 04.12.2021 are null and void and an order of injunction is

warranted restraining the respondents 1 to 3 from giving effect to the same.

5. To support the said contention, the learned Senior counsel relying

upon the decision of the Hon'ble Supreme Court in the case of PR

Venketarama vs. Naresh reported in 2020 SCC Online Madras 1903

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A.No.725 of 2021

submitted that when the Central Council has power to disaffiliate a member,

the said power cannot be overtaken by the General Body and the resolutions

passed were found to be contrary to bye-laws and constitution of federation.

6. Further, the learned Senior counsel would submit that the meeting

a