A decision regarding the quorum of a society's general body meeting must be based on the actual verified membership strength, requiring documentary evidence for any claims of deceased or removed members.

PRAYER:

Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the respondent in Na.Ka.No.4544/E1/2025 dated 13.01.2026 and quash the same as illegal arbitrary and unsustainable in law and consequently direct the respondent to accept the Form VII Submitted by the petitioner on 02.09.2025 long with the Annual Report for the year 2024-2025 and the list of elected office bearers by taking into account the actual members strength of the Society as on the date of the Annual General Body Meeting held on 10.08.2025.

For Petitioner : M/s.A.Mohan

For Respondents : Mr.K.S.Selvaganesan

Additional Government Pleader

ORDER

The present writ petition has been filed challenging the order passed by the respondent herein wherein the Form-VII filed by the petitioner's Association has been rejected primarily on the ground that there was no quorum in this said meeting wherein the general body was conducted.

2. A perusal of the impugned order reveals that out of 170 members, only 83 of them have attended the meeting. As per the by-laws, 50% of the members have to attend the meeting. Since there was no quorum in the general body, the Form-VII submitted by the petitioner has been rejected.

3. According to the learned Counsel appearing for the writ petitioner, along with Form-VII, they have enclosed an explanation to the effect that three members have passed away and one of them has been removed. This explanation has not been considered and the present impugned order has been passed.

4. The learned Additional Government Pleader appearing for the respondent submitted that unless the resolution under which one of the members is removed and the death certificate of the members are produced, the authority could not arrive at any decision.

5. Considering the above said facts, the order impugned in the writ petition is hereby set aside and the matter is remitted back to the file of the respondent herein. The petitioner is directed to produce the resolution under which one of the members was removed and the death certificate of the three members. In case if the respondent is satisfied, thereafter, proceed to pass order in accordance with law.

6. Accordingly, this writ petition stands allowed to the extent as stated above. No costs. Consequently, connected miscellaneous petition is also closed.