M/S. TIRUNELVELI DAKSHINA MARA NADAR SANGAM,REB. BY ITS SECRETARY Vs. STATE OF TAMIL NADU, REP. BY INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) The subject matter concerns the affairs of a registered society by name Tirunelveli Dakshina Mara Nadar Sangam. The writ petition has been filed by Thiru.R.Shanmugavel Nadar claiming to be its Secretary. According to him, notification dtd. 9/8/2021 calling for general body meeting to be held on 31/8/2021 at 11.00 a.m., at Dr.P.Sivandhi, Adhithanar Auditorium located at South Kallikulam, Tirunelveli Dakshina Mara Nadar Sangam College was published in 'Daily Thanthi' on 10/8/2021. The meeting was held as scheduled. The petitioner was elected as Secretary. Form-VII was submitted before the second respondent. Instead of filing the same, the second respondent chose to accept the Form-VII submitted by a rival group. According to the rival group, a General Body Meeting was convened on 4/5/2022 and a new set of office bearers was chosen. The impugned order dtd. 28/6/2022 issued by the second respondent is to that effect. Challenging the same, the present writ petition has been filed.

(2.) The official respondents as well as the contesting private respondents have filed counter affidavits.

(3.) According to them, the meeting held on 31/8/2021 was not legal because 21 days clear notice was not given. That is why, the District Registrar (Admin), Tirunelveli rightly did not take the same on file. In these circumstances, requisition was given by 316 life members of the society calling upon the President for convening a Special General Body Meeting. This requisition was given on 25/1/2022. But no such meeting was convened within a period of 30 days. Therefore, the requisitionists issued publication in Dhinathanti Daily on 12/4/2022 for conducting Special General Body Meeting on 4/5/2022. On the said date, the meeting was held. A retired District Judge acted as Election Officer. 3230 members were present in the said meeting.