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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V.KARTHIKEYAN, K.KUMARESH BABU
R.Lakshmanaswamy – Appellant
Versus
Kanthakotta Ayira Vysiya Veri Chettiar Samooga Munnertra Sangam Registered Society – Respondent
| Table of Content |
|---|
| 1. challenge to single judge's directions for co-option or election meeting (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. factual background of suit, trustees' appointment, and divisions (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 3. trustees' exclusive right to co-opt per society bye-laws (Para 22 , 23 , 24 , 25 , 26) |
| 4. society members appoint committee by majority vote under act section 15(3) (Para 27 , 28 , 29 , 30 , 31 , 32) |
| 5. act overrides bye-laws; members elect when trustees lack unanimity (Para 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 6. uphold election results; dismiss appeals (Para 42 , 43 , 44) |
JUDGMENT :
1.These Original Side Appeals have been filed challenging the directions issued in a Common Order in A.No. 3287 of 2025 and A.No. 3291 of 2025, both in C.S.No. 873 of 2018 dated 19.01.2026 passed by a learned Single Judge of this Court (Dr.Anita Sumanth, J.).
2. C.S.No. 837 of 2018 had been filed by Kandhakotta Ayira Vysiya Beri Chettiar Samooga Munnetra Sangam, registered under the Tamil Nadu Societies Registration Act, 1975 and represented by its Joint Secretary K.Sendilvellan and also by P.S.Rudhrakumar and A.B.Srinivasan, Worshipers o
Provisions of Societies Registration Act mandating election of governing body by majority of society members override bye-laws requiring trustee co-option when trustees lack unanimity due to internal....
The central legal point established in the judgment is the validity of the General Body meeting and election process under the Societies Registration Act, 1975.
The appointment of an administrator does not confer the power to induct new members, as it would disturb the democratic process and take away the supremacy of the general body.
Interim relief and appointment of an administrator in Society management disputes must be based on complete pleadings and afford natural justice, and should not be granted if it effectively decides t....
The court affirmed the validity of the election of the Committee of Management, emphasizing adherence to the Society's Bye-Laws and proper authority in convening meetings.
[The court established that consent terms in electoral disputes are binding and that the rejection of nominations must be based on clear and consistent grounds, emphasizing the rights of members in t....
Any modification to a religious institution's scheme under the HR & CE Act requires the authority to provide a mandatory hearing to existing trustees and all interested parties, as failure to do so v....
The main legal point established in the judgment is that By-law 44 of the third respondent society, which barred members from casting their vote through proxy, was declared illegal and void, and a Ju....
The Election Officer exceeded jurisdiction by excluding members enrolled after 16 May 1999 from the voters list; their membership validity must be determined in future proceedings.
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