Madras High Court
A.K.Rajaduraivelpandian vs The Secretary To Government on 22 July, 2025
Author: C.Saravanan
Bench: C.Saravanan
W.P.(MD) No. 19657 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.(MD) No. 19657 of 2025
and
W.M.P.(MD) No.15103 of 2025
A.K.Rajaduraivelpandian ... Petitioner
Vs
1. The Secretary to Government,
Department of Registration,
Secretariat, Chennai 600 009.
2. The Inspector General of Registration,
100, Santhome High Road,
Chennai - 600 028.
3. The Deputy Inspector General of Registration,
Integrated Complex of Registration Department,
Rajakampeeram,
Y.Othakadai,
Madurai 625 107.
4. The District Registrar (Societies),
Madurai South,
District Registrar Office,
Rajakampeeram,
1/16
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W.P.(MD) No. 19657 of 2025
Y.Othakadai,
Madurai 625 107.
5. Nadar Mahajana Sangam,
Rep. by its General Secretary,
Reg.No.1/1918,
No.2, South Chitirai Street,
Madurai 625 001,
Now Temporarily at
Nadar Mahajana Sangam S.Vellaicham Nadar College,
Nagamalai,
Chennai – 625 019.
6. Nadar Mahajana Sangam,
Sa.Vellaichamy Nadar Kallori Peravai,
Rep. by its Secretary,
Reg.No.83/1972,
Nagamalai Pudukottai,
Madurai 625 019.
7. Nadar Mahajana Sangam Kamaraj
Polytechnic Paripalana Saba,
Rep. by its Secretary,
Reg.No.56/1983,
Palavilai,
Nagercoil 629 501.
8. The Election Committee,
Rep.by, its Election Officer and Members,
Camp Office at Nadar Mahajana Sangam
S.Vellaichamy Nadar College, Nagamalai,
Madurai 625019. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus to direct the respondents 1 to 4 to pass appropriate
2/16
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W.P.(MD) No. 19657 of 2025
orders on the petitioner’s representations, dated 23.06.2025, 07.07.2025 and to
take election process of the 5 to 7th respondents societies and conduct the
election for the period 2025 to 2028 at the expense of the societies, after
preparing valid voters list and also by rescheduling the election notification, dated
07.07.2025 to be published by a valid election committee.
For petitioner : Mr. K.Baalasundaram
Standing Counsel
for Mr.S.Jeyasingh
For respondents : Mr.G.Suriyananth
Additional Government Pleader for R1 to R4
Mr.N.Dilip Kumar for R5 to R8
Mr.T.Lajapathy Roy
Senior Counsel
for M/s.Ajmal Associates for Secretary of R7
*****
ORDER
This Writ Petition is disposed of at the time of admission with the consent
of the learned counsel for the petitioner, learned Additional Government Pleader
for the respondents 1 to 4, learned counsel for the respondents 5 to 8 and the
learned counsel for the Secretary of the seventh respondent.
2. This Writ Petition is filed before this Court for the following relief:
“To direct the respondents 1 to 4 to pass appropriate orders
on the petitioner’s representations, dated 23.06.2025, 07.07.2025
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and to take election process of the 5 to 7th respondents societies
and conduct the election for the period 2025 to 2028 at the expense
of the societies, after preparing valid voters list and also by
rescheduling the election notification, dated 07.07.2025 to be
published by a valid election committee.”
3. This Writ Petition has been filed after the Election Notice was issued by
the Secretaries of the respective Societies, i.e., the respondents 5 to 7 on
26.05.2025, proposing to held election for the respective societies together on
17.08.2025 by the Election Committee consisting of former Judge of this High
Court Hon’ble Mr.Justice P.Jothimani and four other designated persons, pursuant
to the joint Notification, dated 07.07.2025.
4. The case of the petitioner is also supported by Mr.T.Lajapathy Roy,
learned counsel, who states that he represents the Secretary of the seventh
respondent/Society, namely, A.Surendar Kumar. However, it is noticed that the
said Secretary was removed by the General Body of the seventh
respondent/Society, in its meeting that was held on 25.05.2025, pursuant to the
General Body Meeting Notice that was issued on 28.04.2025.
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5. Earlier, the said Surendar Kumar, who was former Secretary of the
seventh respondent/Society, had also made representations to the fourth
respondent herein to intervene, which came to be disposed of, by an order, dated
02.04.2025 with the following observations:
“ghu;itapw; fhZk; ,U kDf;fspy; kDjhuu; nghUspw;
Fwpg;gpl;Ls;s (gjpT vz;.56/1983) rq;fj;jpd; 06.04.2025 Njjpapy;
$l;lg;gl cs;s nraw;FO $l;lj;ij uj;J nra;J cj;jutplf;
NfhupAk;> 05.04.2025 Njjpa Nkw;gb nraw;FO $l;lmwptpg;gpy;
Ma;Tf;Fupa nghUs; 8-I uj;J nra;J cj;jutpl Ntz;Lk;
vd;W Nfhug;gl;Ls;sJ.
1975-k; Mz;L jkpo;ehL rq;fg;gjpTr; rl;lk; gpupT 15(3)-
d;gb rq;fj;jpd; epu;thff;FO cWg;gpdu;fshy; elj;jg;gLk;
06.04.2025 Njjpa nraw;FO $l;lj;ij uj;J nra;aTk;>
nraw;FO $l;l mwptpg;gpy; nghUs; 8-I uj;J nra;aTk;
rq;fg;gjpTr; rl;lj;jpy; rq;fg;gjpthsUf;F mjpfhuk;
tiuaWf;fg;gltpy;iy. NkYk;> rq;fj;jpd; cs;tptfhuq;fspy;
rq;fg;gjpthsu; jiyapl ,ayhJ vd;w tpguk;
njuptpf;fg;gLfpwJ.”
6. The aforesaid communication is the subject matter of the Writ Petition in
W.P.(MD) No.10871 of 2025. It appears that one Balamurugan has also filed a
Civil Suit in O.S.No.42 of 2025 before the vacation Court, which has been now
re-numbered as O.S.No.203 of 2025 before the I Additional District Munsif
Court, Madurai, wherein initially, status quo was ordered on 23.05.2025.
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However, on 25.05.2025, I.A.No.2 of 2025 was filed, application for interim
injunction was closed by the said Court, after the respondents 5 and 6 (defendants
therein) intervened, with the following observations:
“This petition is filed for restrict the defendant to conduct
General Body Meeting on 25.05.2025. The cause of this petition is
infructuous. Hence, this petition is dismissed as infructuous. No
costs.”
7. It is noticed that earlier, by an order of this Court, Hon'ble Mr.Justice
N.Kirubakaran, former Judge of this High Court was appointed as the Election
Officer, who issued a similar notice on 14.09.2022, pursuant to which the
elections were held on 06.11.2022 and new Office bearers were elected for the
Societies/respondents 5 to 7, which were governed by the Tamil Nadu Societies
Registration Act, 1975.
8. The learned counsel Mr.T. Lajapathy Roy, however, submits that the
tenure of the Elected Body was for a period of three years, i.e., between
06.11.2022 and 06.11.2025 and therefore, the tenure cannot be short circuted by
the General Body.
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9. In this connection, a reference was made to the decisions of Hon'ble Full
Bench of this Court in Dr.Bright Joseph vs. Church of South India (CSI) Synod
Secretariat and others reported in 2024 SCC Online Mad 286 rendered on
29.02.2024.
10. The learned counsel Mr.T.Lajapathy Roy submits that the para 32(iii) of
the said decision encapsulates the situation similar to which this Court concerned
with and therefore, submits that this Writ Petition deserves to be admitted and that
the election has to be postponed.
11. That apart, The learned Senior Counsel for the petitioner has drawn
attention to Clause 11(5)(i) of the by-laws. However, Mr.N.Dilip Kumar, learned
counsel, who appears for the respondents 5 to 8 submits that the said by-law was
amended on 24.09.2023 and therefore, the respective Election Notices were
issued separately by the three Secretaries of the respective Society and by
Electoral Committee, which was constituted by the General Body in its meeting
on 25.05.2025 satisfying the requirement of the amended by-laws.
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12. I have considered the learned counsel for the petitioner, learned
Additional Government Pleader for the Official respondents 1 to 4, learned
counsel for the respondents 5 to 8 and Mr.T.Lajapathy Roy, learned counsel, who
claims to be the Secretary of the seventh respondent/Society, although he has
been removed and separate Writ Petition is pending at his behest in W.P.(MD) No.
10871 of 2025.
13. The respective by-laws that have been referred to by the learned Senior
Counsel for the petitioner and the learned counsel for the respondents 5 to 7 are
reproduced below:
Old Amended
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%d;whz;LfSf;F xU Kiw. %d;whz;LfSf;F xU Kiw> Nju;jy;
nraw;FO cWg;gpdu;fspd; Nju;jy; nghJf;FOf; $l;lk; elj;Jtjw;F
nghJf;FOf; $l;lk; elj;Jtjw;F Ie;J (5) egu;fs; nfhz;l Nju;jy;
Ie;J egu;fs; nfhz;l Nju;jy;FO FO mikj;jy; Ntz;Lk;. Nkw;gb
mikj;jy; Ntz;Lk;. Nkw;gb ItUk; ItUk; rl;lj;Jiw> njhopy;Jiw>
gzp epiwT ngw;w> fhty;Jiw tzpfj;Jiw Nghd;w Jiwfspy;
fy;tpj;Jiw> njhopy;Jiw> mDgtk; ngw;wtu;fspypUe;Jk;> gzp
tUtua;j;Jiwfisr; Nru;e;jtu;fshf epiwT ngw;w fhty;Jiw>
,Ug;gu;. mtu;fSf;F rl;l fy;tpj;Jiw> tUtha;j;Jiw
tp\aqfspy;; cjtpl ,U Nghd;wtw;wpy; muR
tof;fwpQu;fs; epakpf;fg;gLtu;. mjpfhupfshf ,Ue;jtu;fspypUe;Jk;
Nju;e;njLf;fg;gl
Nju;jypy; Nghl;bapLk; cWg;gpdu; Ntz;Lk;. ,f;Fotpd; jiytuhf
vtUk; Nju;jy; FO cWg;gpdu;fshf Xa;Tngw;w ePjpgjp my;yJ rl;l
,Uj;jy; $lhJ. ehlhu; k`h[d mDgtk; ngw;w %j;j
rhq;fj;jpd; jiytu;> tof;fwpQu;fSf;F Kd;Dupik
nghJr;nrayhsu;> nghUshsu;> nfhLj;J epakpf;fg;gl Ntz;Lk;.
eh.k.r.c.nts;isr;rhkp ehlhu; Nkw;gb Ie;j egu;fis nfhz;l
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Old Amended
fy;Y}upg; Nguitapd; jiytu;> Nju;jy; FOthdJ ehlhu; k`h[d
nrayhsu;> nghUshsu; kw;Wk; rq;fk;> ehlhu; k`h[d rq;fk;
eh.k.r.fhkuh[; njhopy; El;gf; r.nts;isr;rhkp ehlhu; fy;Y}upg;
fy;Y}upg; gupghydrigapd; jiytu; Nguit> ehlhu; k`h[d rq;fk;
nrayhsu;> nghUshsu; Mfpa fhkuh[; njhopy; El;gf; fy;Y}
xd;gJ (2) Ngu;fs; ehlhu; k`h[d gupghydrig Mfpa %d;W
rq;fg; nghJr;nrayhsu; rq;fq;fSf;Fk; Nru;j;J nghJthd
jiyikapy; $b nk[hupl;b Nju;jy; FOthf nray;gLk;. Nkw;gb
jPu;khdj;jpd;gb FOj;jiytu; Nju;jy;FO cWg;gpdu;fs; ehlhu;
cs;spl;l Nju;jy; FOit epakdk; k`h[d rq;fk; MAs; rpwg;G
nra;jply; Ntz;Lk. Nju;;jy; cWg;gpduhf ,Uj;jy; Ntz;Lk;.
nghJf;FOf; $l;lk;> kJiuapy;
ehlhu; k`h[d rq;fk; Njhjypy; Nghl;bapLk; cWg;gpdu;
nts;isr;rhkp ehlhu; fy;Y}upg; vtUk; Nju;jy; FO cWg;gpdu;fshf
Nguit tshfj;jpy; eilngWk;. ,Uj;jy; $lhJ. ehlhu; k`h[d
Nju;jy; nghjf;FOf;$l;l mwptpg;ig rq;fj;jpd; jiytu;> Jizj;jiytu;>
nghJr;nrayhsUk;> Nju;jy; nghJr;nrayhsu;> nghUshsu;>
FOtpdUk; ntspap Ntz;Lk;. nraydau; (Nkd;rd;fs;)> nrayhsu;
(gs;spfs;)> nrayhsu; (mr;rfk;).
eh.k.r.r.nts;isr;rhkp ehlhu;
fy;Y}upg; Nguitapd; jiytu;
Jizj;jiytu;>
nrayhsu;> ,izr;nrayhsu;
nghUshsu; kw;Wk; eh.k.r.fhkuh[;
njhopy; El;gf;
fy;Y}upg; ;gupghydrigapd; jiytu;>
Jizj;jiytu;>
nrayhsu;> ,izr;nrayhsu;>
nghUshsu; Mfpa gjpNdO (17)
Ngu;fs; ehlhu; k`h[d rq;fg;
nghJr;nrayhsu; jiyikapy; $b>
nk[hupl;b jPu;khdj;jpd;gb
FOj;jiytu; cs;spl;l Nju;jy;
FOit epakdk; nra;jply;
Ntz;Lk;. Njhjy; nghJf;FOf;
$l;lk;> kJiuapy; ehlhu; k`h[d
rq;fk; r.nts;isr;rhkp ehlhu;
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Old Amended
Nju;jYf;fhd midj;J
nryTfisAk; ehlhu; k`h[d
rq;fk;. ehlhu; k`h[d rq;fk;
r.nts;isr;rhkp ehlhu; fy;Y}upg;
Nguit> ehlhu; k`h[d rq;fk;
fhkuh[; njhopy; El;gf; fy;Y}upg;
gupghidrig Mfpa %d;W
rq;fq;fSk; rkkh Vw;Wf;nfhs;s
Ntz;Lk;. VjhtJ xU rhq;fk; kw;w
rq;fj;jpw;fhf nryT nra;a
Neupl;lhy; mjid FWfpa fhy
mtfhrj;jpy; nrytpid nra;j
rq;fj;jpw;F Nkw;gb nryT nra;j
njhif ve;j rq;fj;jpw;fhf nryT
nra;ag;gl;lNjh me;j rq;fk; jpUk;g
nrYj;j Ntz;Lk;.
14. The election process has been commenced and it is clear that the
attempt of the petitioner is to derail the election process, which commenced with
the issuance of the Electoral Notice by the respective Secretary of the three
societies on 28.04.2025 and 26.05.2025 and also on 07.07.2025 by the Election
Committee proceeded over by the Hon'ble Mr.Justice Jothimani, former Judge of
this High Court, Mr.A.Arumuga Nainar, retired Inspector General of Registration,
Mr.R.Arumugam, Advocate, Mr.K.Rajendren, retired Member of Neyveli Lignite
Corporation and Mr.Ashokan, retired Member of S.V.N.N.M.S. College.
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15. The election process cannot be derailed and therefore, it is open for the
petitioner to challenge the eventual election to be held on 17.08.2025 in the
manner known to law.
16. The petitioner in W.P.(MD) No.10871 of 2025, who has challenged all
the other proceedings and who is removed as the Secretary of the seventh
respondent/Society, is entitled to independently pursue the remedy in W.P.(MD)
No.10871 of 2025 as it has to be decided independently.
17. Further, the Court has limited power in the election process, even as per
the decision of Hon'ble Supreme Court in Shaji K.Joseph vs. V.Viswanath and
others reported in (2016) 4 SCC 429, cited supra wherein it has been held as
under:
“15. In our opinion, the High Court was not right in
interfering with the process of election especially when the process
of election had started upon publication of the election program on
27th January, 2011 and more particularly when an alternative
statutory remedy was available to Respondent no.1 by way of
referring the dispute to the Central Government as per the
provisions of Section 5 of the Act read with Regulation 20 of the
Regulations. So far as the issue with regard to eligibility of
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Respondent no.1 for contesting the election is concerned, though
prima facie it appears that Respondent no.1 could contest the
election, we do not propose to go into the said issue because, in our
opinion, as per the settled law, the High Court should not have
interfered with the election after the process of election had
commenced. The judgments referred to hereinabove clearly show
the settled position of law to the effect that whenever the process of
election starts, normally courts should not interfere with the
process of election for the simple reason that if the process of
election is interfered with by the courts, possibly no election would
be completed without court’s order. Very often, for frivolous
reasons candidates or others approach the courts and by virtue of
interim orders passed by courts, the election is delayed or
cancelled and in such a case the basic purpose of having election
and getting an elected body to run the administration is frustrated.
For the aforestated reasons, this Court has taken a view that all
disputes with regard to election should be dealt with only after
completion of the election.
16. This Court, in Ponnuswami v. Returning Officer (supra)
has held that once the election process starts, it would not be
proper for the courts to interfere with the election process. Similar
view was taken by this Court in Shri Sant Sadguru Janardan Swami
(Moingiri Maharaj) Sahakari Dugdh Utpadak Santha v. State of
Maharashtra (supra).
17. Thus, in view of the aforestated settled legal position, the
High Court should not have interfered with the process of election.
We, therefore, set aside the impugned judgment and direct that the
result of the election should be published. We are sure that due to
interim relief granted by this Court, Respondent no.1 must not have
been permitted to contest the election. It would be open to
Respondent no.1 to approach the Central Government for referring
the dispute, if he thinks it proper to do so. No issue with regard to
limitation will be raised if Respondent no.1 initiates an action
under Section 5 of the Act within four weeks from today.”
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6.This Writ Petition is disposed of, with the above observations. No costs.
Consequently, connected miscellaneous petition is closed.
Index : Yes / No 22.07.2025
Internet : Yes / No
apd
To
1. The Secretary to Government,
Department of Registration,
Secretariat, Chennai 600 009.
2. The Inspector General of Registration,
100, Santhome High Road,
Chennai - 600 028.
3. The Deputy Inspector General of Registration,
Integrated Complex of Registration Department,
Rajakampeeram,
Y.Othakadai,
Madurai 625 107.
4. The District Registrar (Societies),
Madurai South,
District Registrar Office,
Rajakampeeram,
Y.Othakadai,
Madurai 625 107.
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C.SARAVANAN, J.
apd
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22.07.2025
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