Madras High Court
R.Ezhil vs The District Registrar on 23 July, 2021
W.P.(MD).Nos.12378 to 12381, 12444 and 12530 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 23.07.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).Nos.12378 to12381, 12444 and 12530 of 2021
and
W.M.P(MD).Nos.9721, 9722, 9724, 9725, 9740, 9741 and 9743 of 2021
W.P(MD).No.12378 of 2021
R.Ezhil
S/o.Rethnaraj ... Petitioner
Vs.
1.The District Registrar,
(Tamilnadu Societies Registration Act),
Nagercoil,
Kanyakumari District.
2.The Vivekananda Educational Society,
Represented by its,
Secretary,
Agasteeswaram,
Agasteeswaram Taluk,
Kanyakumari District.
3.Mr.C.Rajan,
Secretary,
Vivekananda Educational Society,
Agasteeswaram,
Agasteeswaram Taluk,
Kanyakumari District. ... Respondents
https://www.mhc.tn.gov.in/judis/
W.P.(MD).Nos.12378 to 12381, 12444 and 12530 of 2021
Prayer: Writ petition filed under Article 226 of the Constitution of India,
for the issuance of Writ of Mandamus, directing the first respondent to
take action under Section 34 of the Tamil Nadu Societies Registration
Act, on the basis of the petitioner's representation dated 12.07.2021.
For Petitioners : Mr.V.Meenakshisundaram
for Mr.G.Mohankumar
For R1 : Mr.M.Lingadurai
Government Advocate
For R2 and R3 : Mr.M.Ajmalkhan
Senior counsel
for Mr.Rajasekaran
(In W.P.(MD).Nos.12378 to 12381 of 2021)
For petitioner : Mr.M.Saravanan
for Mr.P.T.Ramesh Raja
For R1 & R-2 : Mr.M.Lingadurai
Government Advocate
For R3 : Mr.M.Ajmalkhan
Senior counsel
for Mr.Rajasekaran
(In W.P.(MD).No.12530 of 2021)
For petitioner : Mr.S.C.Herold Singh
For R1 : Mr.M.Lingadurai
Government Advocate
For R2 and R3 : Mr.M.Ajmalkhan
Senior counsel
for Mr.Rajasekaran
(In W.P.(MD).No.12444 of 2021)
https://www.mhc.tn.gov.in/judis/
W.P.(MD).Nos.12378 to 12381, 12444 and 12530 of 2021
COMMON ORDER
The issues involved in all these writ petitions are common
and hence, they are taken up together, heard and disposed of through this
common order.
2. All the petitioners are questioning the action of the
Executive Committee of the registered Society and according to the
petitioners, they are involved in various malfeasance and misfeasance.
The further case of the petitioners is that the second respondent in a
hurried manner is proceeding to conduct an election, which is fixed on
25.07.2021. The petitioners have given a representation to the first
respondent stating that the first respondent must enquire into the affairs
of the Society and the election that is sought to be conducted on
25.07.2021 must be kept in abeyance till a final decision is taken by the
first respondent. In short, the petitioners are seeking for a direction to
the first respondent to conduct an enquiry under Section 34 of the
Societies Registration Act.
3. Heard Mr.V.Meenakshisundaran for Mr.G.Mohankumar,
learned counsel appearing for the petitioner, Mr.M.Lingadurai, learned
https://www.mhc.tn.gov.in/judis/
W.P.(MD).Nos.12378 to 12381, 12444 and 12530 of 2021
Government Advocate appearing for the first respondent and
Mr.M.AjmalKhan, learned Senior Counsel for Mr.Rajasekaran, learned
counsel appearing for the second and third respondents in W.P.(MD).Nos.
12378 to 12381 of 2021. Heard Mr.M.Saravanan, for
Mr.P.T.Ramesh Raja, learned counsel appearing for the petitioner,
Mr.M.Lingadurai, learned Government Advocate appearing for the first
and second respondents and Mr.M.AjmalKhan, learned Senior Counsel
for Mr.Rajasekaran, learned counsel appearing for the third respondent in
W.P.(MD).No.12530 of 2021. Heard Mr.S.C.Herold Singh, learned
counsel appearing for the petitioner, Mr.M.Lingadurai, learned
Government Advocate appearing for the first respondent and
Mr.M.AjmalKhan, learned Senior Counsel for Mr.Rajasekaran, learned
counsel appearing for the second and third respondents in W.P.(MD).No.
12444 of 2021.
4. The learned counsel appearing on behalf of the petitioners
have placed reliance upon the Judgment of the Full Bench in the case of
C.M.S. Evangelical Suvi David Memorial Higher Secondary School
Committee Karisal Vs. The District Registrar and others reported in
(2005) 2 CTC 161 and have argued that the first respondent has the
https://www.mhc.tn.gov.in/judis/
W.P.(MD).Nos.12378 to 12381, 12444 and 12530 of 2021
power to scrutinize as to whether the Society is maintaining the correct
and proper records and whether the constitution of the members are
valid. According to the petitioners, the Executive Committee of the
Society has indulged in misappropriation of funds and has proceeded to
fix an election during the pandemic period and has also prevented the
petitioners from participating in the election on 25.07.2021.
5. In the considered view of this Court, neither the first
respondent nor this Court exercising its jurisdiction under Article 226 of
the Constitution of India can go into an election dispute. The appropriate
forum to decide such a dispute will only be a competent Civil Court.
Therefore, if at all, the petitioners have any grievance with regard to the
conduct of the election by the second respondent / Society, they have to
agitate their grievance only before the competent Civil Court.
6. At the best, this Court can only direct the first respondent
to consider the representations made by the petitioners within the scope
of Section 34 of the Societies Registration Act and beyond that no further
directions can be issued by this Court.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).Nos.12378 to 12381, 12444 and 12530 of 2021
7. In view of the above, all the Writ Petitions are disposed of
with a direction to the District Registrar (Tamil Nadu Societies
Registration Act), Nagercoil, to consider the representations made by the
petitioners and deal with the same on its own merits and in accordance
with law by affording opportunity to all the parties concerned and take a
decision within a period of four (4) weeks from the date of receipt of a
copy of this order. No costs. Consequently, connected miscellaneous
petitions are closed.
23.07.2021
Index :Yes/No
Internet : Yes/No
tsg
NOTE: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy of
the order that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To,
1.The District Registrar,
(Tamilnadu Societies Registration Act,
Nagercoil,
Kanyakumari District.
2.The Inspector General of Registration,
Office of the Inspector General of Registration,
https://www.mhc.tn.gov.in/judis/
W.P.(MD).Nos.12378 to 12381, 12444 and 12530 of 2021
No.100, Santhome High Road,
Chennai-600 028.
N.ANAND VENKATESH.J.,
tsg
Common Order made in
W.P.(MD).Nos.12378 to12381,
12444 and 12530 of 2021
and
W.M.P(MD).Nos.9721, 9722, 9724,
9725, 9740, 9741 and 9743 of 2021
Dated :
23.07.2021
https://www.mhc.tn.gov.in/judis/
