LAWS(MAD)-2007-12-406

R MURALIDARAN Vs. DISTRICT REGISTRAR SOUTH MADRAS

Decided On December 20, 2007
R. MURALIDARAN Appellant
V/S
DISTRICT REGISTRAR, SOUTH MADRAS Respondents

JUDGEMENT

(1.) "Siddharth Heights" is a complex of residential apartments comprising of about 113 flats and the owners of these apartments have joined together and formed an Association known as "Siddharth Heights Apartments Owners Association". The said Association was registered under the Tamil Nadu Societies Registration Act, 1975, bearing Sl.No.46 of 2004.

(2.) ON the ground that a new set of office bearers were elected to the society, in an election held on 28.01.2007, Form No.VII under Rule 17(2) of the Tamil Nadu Societies Registration Rules, 1978, was filed with the District Registrar of Societies, South Chennai, on the same day. Later, objections were lodged with the District Registrar on the ground that election was not properly conducted in accordance with the Bye-laws. Therefore, the District Registrar, South Chennai, passed an order dated 30.05.2007, rejecting the Form No.VII filed on 28.01.2007 and directing the conduct of fresh elections.

(3.) THE second respondent Association itself was formed only in February, 2004, and the first set of office bearers was elected in April, 2004. But, they resigned, following some unpleasant incidents. THErefore, an ad-hoc Committee was constituted, which comprised of the appellants herein.