K. SATHYAN Vs. BHASKARAN KALLANKANDY

JUDGEMENT

(1.) The petitioner claims to be the President of Sree Gnanodaya Yogam, a Society registered under the Societies Registration Act, 1960 (for short, 'the Society) and in that capacity, the second defendant in O.S.No.142 of 2018 pending on the files of the Munsiff's Court, Thalassery. The suit was filed by the respondents against the Society and its then President, for a declaration that no election to the Society shall be conducted on the basis of the existing unupdated voters' list and that any election conducted without updated voters' list will be illegal and against the stipulations in the bye-laws of the Society. The further prayer was for permanent prohibitory injunction restraining the defendants or persons appointed by them from conducting election to the Director Board of the Society on the basis of the existing voters' list and without updating the list. In the absence of any interim injunction restraining conduct of election, the election to the Director Board of the Society was conducted on 24.6.2018 and from among the newly elected Directors, the petitioner was elected as the President of the Society. After being elected as President, the petitioner filed written statement in his capacity as the second defendant. He also filed an interlocutory application requiring the court to direct the plaintiffs to invoke the provisions under Order I Rule 8 of CPC.

(2.) According to the petitioner, there are more than 8000 members in the Society and the suit was filed by only four members. Since the public at large is interested in the affairs of the Society, all persons should be put on notice, as mandated under Order I Rule 8 CPC. The prayer was opposed by the plaintiffs on the premise that, being a registered Society with limited members, it is not necessary to invoke Order I Rule 8 and that the attempt of the petitioner was only to protract the proceedings. By Exhibit P5, the learned Magistrate dismissed the interlocutory application finding that as per Section 6 of the Societies Registration Act, a Society can be sued in its own capacity and the decisions in such a suit shall be binding on all members of the Society. The Court also found that the Society enjoys the status of a legal entity and is sufficiently capable of protecting the interest of its members and hence, there is no requirement for invoking Order I Rule 8.

(3.) Sri.R.Surendran, learned counsel for the petitioner assailed the impugned order, firstly on the ground that a Society registered under the Societies Registration Act is not a legal entity. In support of this contention, reliance is placed on the decision of the Honourable Supreme Court in Illachi Devi (D) by LRs and Others v. James Society and Others , 2003 8 SCC 413], wherein it is held that a Society registered under the Societies Registration Act is not a body corporate and hence, not a juristic person. According to the learned Counsel, since the Society is not a juristic person Order I Rule 8 is applicable, as the outcome of the suit will effect the rights of individual members.