LAWS(MAD)-2012-2-549

A. KUTTALINGAM Vs. DISTRICT REGISTRAR, KANYAKUMARI DISTRICT

Decided On February 21, 2012
A. Kuttalingam Appellant
V/S
District Registrar, Kanyakumari District Respondents

JUDGEMENT

(1.) THIS Writ Petition, at the instance of a member of District Club, Nagercoil, seeks a Writ of Mandamus, directing the District Registrar (Societies), Kanyakumari District, to take action on the basis of his complaint dated 14 January, 2011 and pass appropriate orders. FACTUAL MATRIX:

(2.) THE District Club at Nagercoil was established in the year 1958. The Club had on its roll about 750 members and they are residing in and around Kanyakumari District. It is essentially a recreation club. The Society is administered by an Executive Committee comprising the President, Vice President, Secretary, Joint Secretary, Treasurer and Managing Committee Members. The election used to be held every year. The petitioner was the Secretary of Club during the period 2009-2010. The election for electing the members of the Executive Committee for the year 2010-2011 was held on 28 August, 2010. The process of election was vitiated by several irregularities. There were complaints of bogus voting. The petitioner, who contested for the post of Treasurer, lost by a margin of two votes. Therefore, he preferred a petition to the District Registrar to take action under Section 36 of the Tamil Nadu Societies Registration Act, 1975. Since the District Registrar failed to act, the petitioner is before this Court.

(3.) THE petitioner wanted action under Section 36 of the Tamil Nadu Societies Registration Act, 1975 [hereinafter referred to as "the Act"]. However, there is a mandatory condition for initiation of action under Section 36 of the Act. The complaint should be signed by majority of the members of the Committee or by one-third of the members of the Society. It is true that the Registrar can take suo motu action. However, the facts of the case does not warrant suo motu action by the Registrar. Accordingly, the second respondent prayed for dismissal of the Writ Petition.