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 divisions.

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 of Sri Muthukumaraswamy Devasthanam earlier known as Kanthakottam Temple in Chennai, seeking a declaration that the 2^nd to 7^th defendants Educational Institutions are the assets of the 1^st defendant Temple and for consequential direction against the 8^th to 15^th defendants to handover administration of the 2^nd to 7^th defendant Institutions to the elected Board of Trustees of the 1^st defendant Temple and for a declaration that the registration of Sri Muthukumaraswamy Educational Society, the 15^th defendant by the Registrar of Societies, North Chennai as null and void and for a further direction against the 8^th to 15^th defendants to render true and proper accounts and pay to the 1^st defendant a sum of Rs.32/- lakhs earned by them as profits tentatively estimated by the plaintiffs from the year 2010 till the date of the plaint and for an enquiry into future profits from the date of the plaint and for costs of the suit.

3. The 1^st defendant in the suit was Sri Muthukumaraswamy Devasthanam, known as Kanthakottam Temple represented by its Executive Officer/Fit Person appointed by the HR & CE Department and the 2^nd to 7^th defendants were the College and Schools run under the aegies of the 1^st defendant and the 8^th to 14^th defendants were said to be holding control of the said Educational Institutions under the shield of the 15^th defendant, Sri Muthukumaraswamy Educational Society.

4. In the said suit, the 18^th and 19^th defendants, P.Uvaraja Sundaram and C.S.Parthsarathy filed Application No. 3287 of 2025 seeking an ad interim direction to appoint an interim Commissioner/Receiver to elect five members as per the Bye-laws of the 15^th respondent/Sree Muthukumaraswamy Devasthanam Educational Society from the members of the Abhinava Dharma Shivachariar Matam for appointment as governing members of the 15^th respondent pending disposal of the suit.

5. The 1^st and 3^rd plaintiffs had filed Application No. 3291 of 2025.

6. The learned Single Judge (Mrs. Justice Chitra Venkataraman) by order dated 19.01.2026 observed that an Interim Administrator had been earlier appointed to oversee the functioning of the Devasthanam as well as the Educational Institutions in the absence of the Board of Trustees. It was further noted that the Government had passed G.O.(Ms).No. 182 dated 10.04.2025 identifying and appointing (i) K.Senthil Velan, (ii) V.C.Kandaswamy, (iii) K.Nanda Kumar (iv) A.P.Ashok Kumar and (v) A.N.Suresh Kumar as Trustees. It had also been noted that there was no unanimity in opinion among the said five trustees and three of them, K.Nandakumar, A.P.Ashok Kumar and A.N.Suresh Kumar had unilaterally removed K.Senthil Velan and V.C.Kandaswamy from their position as trustees. It was further observed that such unilateral action was in direct contradiction to the Government O