IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27-11-2025

CORAM

THE HONOURABLE MR JUSTICE M.DHANDAPANI

& WMP.Nos.52076 & 52079 of 2025

Dr.J.Ranganathan

Residing at 2-60-C/2-85, Doctor’s

Colony, Reddippatty Jagir,

Ammapalayam, Salem - 636 302

Petitioner(s)

Vs

1. The Registrar Of Societies,

Chennai South,

Fanepet, Nandanam,

Chennai – 600 035

2.The Inspector General of

Registration,

No. 100, Santhome High Road,

Chennai – 600 028

3.The Indian Society of

Anaesthesiologists (ISA),

A Society Registered under the

Societies Registration Act, 1975,

Registration No. 8/1999, Represented by its Secretary, Having its Registered Office At No. 1203, Casagrand Monte

Carlo, Annasalai, NGR Colony,

Saidapet, Chennai – 600 015,

Also at Administrative Office at

No. 27-A, Rattan Nagar, Tripuri,

Patiala, Punjab – 147 001.

Respondent(s)

PRAYER This writ petition is filed under Article 226 of the Constitution of India, directing the 1^st respondent - the Registrar of Societies, to conduct a proper enquiry under Section 36 of the Tamil Nadu Societies Registration Act, 1975, with respect to the illegalities and irregularities pertaining to the election of the 3^rd Respondent Society conducted between 1^st to 5^th August, 2025 pursuant to the illegal amending of the bye-laws of the 3^rd Respondent Society in the Annual General Body Meeting held on 23^rd and 24^th November, 2024 and pass such further or other orders that this Honble Court may deem fit and proper in the circumstances of the present case and thus render Justice.

For Petitioner(s): Mr.V.Chandrasekaran for Mr.R.Narayanan For Respondent(s): Mr.Bharanidharan, Special Government Pleader

ORDER

This writ petition is filed seeking for a direction to the first respondent -

the Registrar of Societies, to conduct a proper enquiry under Section 36 of the Tamil Nadu Societies Registration Act, 1975, with respect to the illegalities and irregularities pertaining to the election of the 3^rd Respondent Society conducted between 1^st to 5^th August, 2025 pursuant to the illegal amending of the bye-laws of the 3^rd Respondent Society in the Annual General Body Meeting held on 23^rd and 24^th November, 2024.

2.The case of the petitioner is that the petitioner is a senior life member and past office-bearer of the third respondent society, the Indian Society of Anaesthesiologists (ISA). The third respondent society conducted the Annual General Body Meeting (AGBM) held on 23-24 November 2024, without complying with the mandatory notice, agenda circulation, and procedural requirements under its own Constitution/Bye-laws and the Tamil Nadu Societies Registration Act, 1975 and further the third respondent society carried out constitutional amendments allegedly approved therein, and subsequently conducted election process from 1-5 August 2025. Therefore, the petitioner sent representations dated 18.11.2025 and 22.11.2025 to the first respondent seeking to take action against the third respondent society under Section 36 of the Tamil Nadu Societies Registration Act, 1975. However, no steps have been taken by the first respondent till date. Hence, the present writ petition has been filed with the above said prayer.

3.The learned counsel for the petitioner would submit that a direction be issued to the first respondent to conduct an enquiry under Section 36 of the Tamil Nadu Societies Registration Act, 1975, with respect to the illegalities and irregularities pertaining to the election of the 3^rd Respondent Society conducted between 1^st to 5^th August, 2025 pursuant to the illegal amending of the bye-laws of the 3^rd Respondent Society in the Annual General Body Meeting held on 23^rd and 24^th November, 2024 and to pass appropriate orders.

4.Per contra, the learned Special Government Pleader would submit that in respect of amendment of by-laws or selection of office bearers of the society, it is domain of the civil court and this Court cannot entertain the same under Article 226 of the Constitution of India. He would also rely upon an order of the Full Bench of this Cou