Madras High Court
P.Jeyasingh Malraj vs The Chief Educational Officer on 6 June, 2022
W.A(MD)No.400 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.06.2022
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
AND
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.A(MD)No.400 of 2022
and C.M.P.(MD) No.4061 of 2022
P.Jeyasingh Malraj ... Appellant/Petitioner
Vs.
1.The Chief Educational Officer,
Tirunelveli District.
2.The District Educational Officer,
Tirunelveli District.
3.The District Educational Officer,
Vallioor, Tirunelveli District.
4.The District Educational Officer,
Cheranmahadevi,
Tirunelveli District.
5.The District Educational Officer,
Thiruchendur, Thoothukudi District.
6.S.Thomas Walker
7.Anatharajan
8.David Stephenson ... Respondents/Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent, to set
aside the order dated 13.04.2022 in W.P(MD)No.20311 of 2021 and
allow the Writ Appeal.
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W.A(MD)No.400 of 2022
For Appellant : Mr.M.S.Sureshkumar
For Respondents 1 to 5 : Mr.S.Saji Bino
Special Government Pleader
For Respondents 6 to 8 : Mr.K.Ragatheshkumar
for M/s. Isaac Chambers
JUDGMENT
(Judgment of the Court was delivered by S.S.SUNDAR,J.)
This writ appeal is preferred as against the judgment of
learned Single Judge in W.P.(MD) No.20311 of 2021 dated 13.04.2022.
2. Brief facts, which are necessary for disposal of the writ
appeal, are as follows:-
2.1 The dispute involved in this writ appeal is in respect of an
election to Tirunelveli CMS-Evangelical Church Society (hereinafter
referred to as “the Society), which is a registered Society, registered
under the Tamil Nadu Societies Registration Act, 1975.
2.2 The appellant claiming to be a member of the Society has
challenged the election stated to have been conducted on 16.11.2019.
Pursuant to the alleged election, it is an admitted fact that Form – VII
submitted by the rival party viz., respondents 6 and 7 was accepted by
the District Registrar. It is also admitted that the writ petition filed by the
appellant challenging the acceptance of Form – VII was dismissed,
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W.A(MD)No.400 of 2022
however, an appeal is pending in W.A.(MD) No.1870 of 2021.
2.3 Taking into account the acceptance of Form – VII by the
District Registrar, it is admitted that the third respondent in this writ
appeal has acknowledged the election and approved the change of
Correspondentship in favour of respondents 7 and 8 by order dated
01.11.2021. The appellant filed the writ petition in W.P.(MD) No.20311 of
2021, challenging the impugned order passed by the third respondent
dated 01.11.2021.
2.4 It is admitted that the Society runs several educational
institutions. Apart from the order passed by the third respondent with
regard to the correspondentship of respondents 7 and 8, there were
other proceedings pending before the educational authorities in respect
of different institutions and despite production of Form – VII before the
educational authorities, no orders were passed similar to the one
challenged in the writ petition in W.P.(MD) No.20311 of 2021.
2.5 Since in respect of four other educational institutions, the
educational authorities, who are not parties in the present writ appeal,
have not recognized the correspondents appointed by the Secretary of
the elected group, which had applied for change of correspondentship
pursuant to the election, there were other writ petitions filed by the
respective Correspondents for approval of their Correspondentship
pursuant to the election. It is admitted that learned Single Judge by
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W.A(MD)No.400 of 2022
common order dated 13.04.2021 dismissed the writ petition filed by the
appellant in W.P.(MD) No.20311 of 2021, giving liberty to the appellant
to approach the civil Court for appropriate relief and allowed the writ
petitions filed by the Secretary of the Society by issuing a Writ of
Mandamus to the concerned District Educational Officers to register the
persons appointed as correspondents by the Management as per the
proposal submitted by the Secretary pursuant to the election dated
16.11.2019.
3. Learned counsel for the appellant submitted that a suit filed
by few individuals challenging the election dated 16.11.2019 is pending
before the II Additional District Munsif Court, Tirunelveli in O.S.No.207 of
2021. It is contended by the counsel that the District Registrar is not
supposed to decide as to the acceptance of Forum – VII when the suit is
pending. He relied upon the circular issued by the Inspector General of
Registration to the effect that the District Registrars are not supposed to
decide the validity of the election, when the suit challenging the election
is pending. Learned counsel also relied upon few statements of one of the
office bearers of the Society, who was also elected pursuant to the
election dated 16.11.2019, challenging the truth and validity of the
election before the statutory authorities by way of representations.
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W.A(MD)No.400 of 2022
4. This Court is unable to accept the submissions of learned
counsel for the appellant in view of the settled position of law reiterated
by this Court in several precedents with regard to the power and
jurisdiction of the District Registrars under the Societies Registration Act,
1975 while accepting Form – VII. It has been held in several cases that
acceptance of Form – VII is only a ministerial act. It is true that in many
cases, where elections are challenged by filing civil suits, the issue
becomes infructuous after the expiry of tenure of office by the office
bearers. It has now become a reality that the so-called office bearers,
who were elected pursuant to the election challenged in the civil suit
continues in office till their tenure without a decision on merits after
parties have to report the situation 'fait accompli' to get the suit
dismissed as infructuous. However, this Court in a writ petition cannot
decide the validity or otherwise of the election conducted to elect the
office bearers of the Society. Similarly, the District Registrar also has no
power to decide whether the election was validly conducted. This position
can be remedied if appropriate consequential reliefs are also prayed for
in the suit.
5. It is to be noted that the suit referred to by the appellant is
not filed by appellant but by two other individuals. Learned counsel
appearing for respondents 6 to 8 submits that the suit itself was filed by
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W.A(MD)No.400 of 2022
non-members of the Society, who have no locus standi to question the
election. However, that can be decided by the civil Court. Since the
status of the elected members or the validity of appointment of
correspondents cannot be decided by the District Registrar while passing
orders on the application of the elected office bearers to register Form –
VII, the civil Court is the only forum which can decide not only the
irregularities or the validity of election but also the interim arrangement
if required regarding proper Management of the school. Hence, this Court
is unable to find any fault on the order of learned Single Judge in
dismissing the writ petition filed by the appellant giving liberty to
approach the civil Court.
6. Since it is admitted that the suit has been filed by strangers
and the appellant has not instituted any suit, it is open to the appellant
either to implead himself as a party in the pending suit or file a separate
suit, if he does not find comfortable by impleading himself in the suit
pending before the II Additional District Munsif Court, Tirunelveli. It is
also open to the appellant to seek appropriate interim prayer before the
civil Court, which will be appropriate, having regard to the grievance
expressed by the appellant before this Court. If the appellant file an
application for impleading himself as a party in the pending suit or he file
an independent suit, the civil Court is directed to dispose of the suit on
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W.A(MD)No.400 of 2022
merits within a period of six months from the date of institution of a fresh
suit or an application, that may be filed by the appellant in the pending
suit to implead himself as a party. The contesting respondents are also
directed to cooperate with the civil Court for early disposal of the suit. If
an interim application is filed regarding proper management or
administration of the school or related matters, the same shall also be
decided within a reasonable time on merits uninfluenced by the
observations made in this order.
7. The Writ Appeal stands dismissed with the above directions.
No Costs. Consequently, connected Miscellaneous Petition is closed.
[S.S.S.R.,J] [S.S.Y.,J.]
06.06.2022
Index :Yes/No
Internet :Yes/No
sj
To
1.The Chief Educational Officer,
Tirunelveli District.
2.The District Educational Officer,
Tirunelveli District.
3.The District Educational Officer,
Vallioor, Tirunelveli District.
4.The District Educational Officer,
Cheranmahadevi,
Tirunelveli District.
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W.A(MD)No.400 of 2022
S.S.SUNDAR,J.
and
S.SRIMATHY,J.
sj
5.The District Educational Officer,
Thiruchendur, Thoothukudi District.
W.A(MD)No.400 of 2022
06.06.2022
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