MADRAS MEDICAL MISSION Vs. K M CHERIAN

JUDGEMENT

(1.) THE appellant is a society registered under the Tamil Nadu Societies Registration Act, 1975. One of it's members, Dr.K.M.Cherian, filed a writ petition on 12.9.2002 in W.P.No.35565 of 2002. In the affidavit filed in support of that petition, he had, inter alia, averred thus: "I am constrained to filed this writ petition because of the refusal of the Secretary, Mr.K.V.George, to permit me to scrutinise the books of accounts of the society. Section 29 (3) of the Tamil Nadu Societies Registration Act of 1975 clearly gives a mandatory right for this scrutiny by any member, in fact free of charge too. Equally so, with respect, I submit that Section 29 (1) gives the right to scrutinise the Minutes of all proceedings of meetings of a society by any member. Most importantly, if I were to submit, with respect, I am a member of the General Body and the Chairman of the ICVD from its inception and I have every right to scrutinise the accounts. .... It is submitted that as per Section 29 of the Act, it is explicit that the books of every registered society shall be open to inspection to the members during business hours free of charge. This access has been denied to the petitioner. THErefore it is prayed that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, direction or order directing the respondent to facilitate and enable the petitioner to access of books of accounts and the minutes of meetings for a thorough scrutiny by the petitioner forthwith and pass any further order/orders as may be deemed fit and necessary in the circumstances of the case and thus render justice."

(2.) SECTION 29 (3) of the Act, which was referred to in the affidavit filed in support of that writ petition reads thus:- "SECTION 29. Minutes of proceedings of registered society's general meetings and of its committee.-- (1) Every registered society shall cause minutes of all proceedings of its general meetings and of its committee to be entered in books kept for the purpose. (2) Any such minute, if purporting to be signed by the Chairman of the meeting at which the proceedings were held or by the Chairman of the next succeeding meeting, shall be evidence of the proceedings. (3) The books containing the minutes aforesaid and the books of account of the registered society shall be kept at the registered office of the society and shall, during business hours be open to the inspection of any member free of charge."

(3.) IT was submitted before us by the appellant's learned Senior Counsel Mr.Sriram Panchu that the order of the learned single Judge is contrary to the provisions of the Tamil Nadu Societies Registration Act, as Section 29 only confers a right on a member to inspect the books of account and does not confer any right on the member to have an auditor of his choice accompany him and inspect the books of account of the society.