MUSIC ACADEMY Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) THE Music Academy, Madras, a famous Institute known as such in the rest of the country for its promotion of music and culture and more in news, presently within Tamil Nadu or may be Chennai, because of the legal squabbles, was registered as a Society under the Societies Registration Act, 1860 on 21.8.1929, 75 years back. As per the Memorandum of Association and Rules and Regulations, which were registered on the said date, the Governing Body called the Executive Committee consisted of one President, two or more Vice Presidents, two Trustees, two Joint Secretaries, one Treasurer and ten other Members. THE registered Rules and Regulations provided that the members of the Executive Committee are to be elected at the Annual General Body Meeting and they have to hold office until fresh office bearers are elected. In 1953, the amended byelaws provided that the term of the office bearers would be three years. On 22.4.1978, the Tamil Nadu Registration Act (Act 27 of 1975), hereinafter referred to as "the State Act", came into force.

(2.) TWO aspects are hotly contested relating to interpretation of the provisions contained in such Act vis-"-vis the provisions contained in the bye-laws of the Music Academy, which shall be noticed in due course.

(3.) AT that stage, C.S.No.487 of 2001 was filed by another member Mr.P. Venugopal against the Music Academy with an injunction petition numbered as O.A.No.556 of 2001 in Appln.No.2890 of 2001 in C.S.No.487 of 2001. Prayer in the suit was for a declaration that the Bye-laws 12(3), 19, 26, 35 and 36 were void being contrary to the provisions of the Tamil Nadu Societies Registration Act, 1975 and for a mandatory injunction directing the Music Academy to bring the bye-laws of the Society in consonance with the provisions of the Act, and for several other allied reliefs.