AYIRA VYSIA EDUCATIONAL WELFARE ADVISORY BOARD, SECRETARY M ANNAMALAI Vs. INSPECTOR GENERAL OF REGISTRATION; DISTRICT REGISTRAR (ADMINISTRATION) AND JAYAKUMAR

JUDGEMENT

(1.) These two matters came to be posted under the orders of the Honorable Administrative Judge, dated 26.10.2010. The Petitioner in both the writ petitions is one and the same society.

(2.) In W.P. (MD) No. 11529 of 2006, the Petitioner society challenged an order, dated 11.12.2006 passed by the second Respondent District Register and after quashing the same to accept Form-VII submitted by the Petitioner society represented by M. Annamalai in pursuance to the election of the Managing Committee in the elections held on 14.7.2002 and on 5.6.2005. In that writ petition, notice of admission was ordered. It was found that the Petitioner was acting as the Secretary of the Society after the order passed in C.M.A. No. 22 of 2002 vacating the interim injunction granted in I.A. No. 16 of 2002 in O.S. No. 19 of 2002 and the suit is pending. Since the reasons adduced by the Petitioner were acceptable, it was found unnecessary to relegate the parties for further litigation in the Civil Court. On notice from this Court, the second Respondent has filed a counter affidavit, dated 3.3.2007. The third Respondent has filed a counter affidavit, dated 6.2.2007.

(3.) Even when the first writ petition was pending, the same Petitioner filed the second writ petition in W.P. (MD) No. 10398 of 2010 seeking for a direction to forbear the second Respondent District Education Officer from recognising any other person as the Secretary of the school Committee of the Petitioner school without looking into Form-VII duly registered to the first Respondent District Registrar. In that writ petition, on 18.8.2010, this Court directed the first Respondent to furnish the particulars of the Secretary who was recognized by the first Respondent as the Secretary of the Petitioner society. A counter affidavit was filed by the second Respondent, District Educational Officer, dated 2.9.2010. The contesting Respondent, i.e. third Respondent has also filed a counter affidavit, dated 18.10.2010 in the capacity as the President of the Ayira Vaisya Educational Welfare Advisory Board.