M. SUBRAMANIYAN Vs. REGISTRAR

JUDGEMENT

(1.) This Writ Petition has been filed challenging the impugned resolution dated 22.01.2020, passed by the 3rd respondent.

(2.) The case of the petitioner is that he was elected as a President of the 4th respondent Society in the year 1997. While so, some of the members of the Society had made a representation to the 1st respondent on 03.12.2019, to the effect that the petitioner is acting against the interest of the Society and he had made unauthorised payments. The petitioner was thereafter removed from the post of President by a resolution passed by the 3rd respondent. The same became a subject matter of the challenge before this Court in W.P.No.34586 of 2019. When the writ petition was pending, the 2nd respondent passed an order on 16.12.2019, to the effect that the resolution is not valid and hence, the petitioner can continue to act as the President of the Society. This was recorded by this Court and the writ petition was disposed of on 17.12.2019.

(3.) There was yet another complaint given against the petitioner and the 2nd respondent issued a notice on 07.01.2020, which according to the petitioner was served on 13.01.2020, calling for explanation from the petitioner with regard to the allegations made in the notice. The petitioner had submitted his explanation on 20.01.2020 to the 2nd respondent. In the meantime, the 3rd respondent issued a notice signed on 18.01.2020, to all the members for the purpose of conducting a special Meeting to decide the no confidence motion moved against the petitioner. The date was fixed on 22.01.2020, for the said Meeting. According to the petitioner, this notice was served on him on 20.01.2020. Thereafter, the meeting was conducted on 22.01.2020 and all the 11 members were present and 7 members voted against the petitioner and 4 members voted in favor of the petitioner, including the petitioner. Based on the same, the 3rd respondent passed a resolution removing the petitioner from the post of President. Aggrieved by the same, the present writ petition has been filed before this Court.