LAWS(MAD)-2019-7-636

M. SARDARMAL CHORDIA Vs. STATE OF TAMIL NADU

Decided On July 24, 2019
M. Sardarmal Chordia Appellant
V/S
STATE OF TAMIL NADU Respondents

JUDGEMENT

(1.) Though the said two writ petitions were heard on different dates and reserved for orders, as the issue involved in both the writ petitions is common, this Court is proposed to pass the following common order.

(2.) Through the pleadings of the respective parties, the following facts are culled out for appreciation of the dispute and to arrive at a finding:

(3.) As per the Society bye-laws, the affairs of the society shall be managed by an Executive Committee consisting of hereditary patron members and elected members (clause 15). The members of the committee shall be elected once in two years from among the members of the society (clause 18 [a]) The committee shall at the commencement of its term, elect amongst its members the officer bearers namely President, Vice-President, Secretary General, Joint Secretary and Treasurer ( clause 19 [a]). The office bearers so elected shall continue in office till their successors are elected and take charge of their respective offices (clause 20[a]). In case of any dispute regarding the decision of the committee or interpretation of the Bye-laws of the society or about the rights of the member or any about any matters of procedure pertaining to any meetings including general meetings may be referred to arbitration of 3 members committee chosen from among the members of the society in accordance with the Arbitration Act. ( clause 68 [a] and [b]).