S VANCHIKO Vs. REVENUE DIVISIONAL OFFICER, MADURAI

JUDGEMENT

(1.) These writ petitions pertain to the affairs of NMSS Vellaichamy Nadar Kalloori Peravai, Nagamalai, Madurai. It is not in dispute that an election to its executive committee was held on 11.06.2017. The tenure of the elected body is for a period of three years. Thiru.P.Mahendiravel was elected as the President and Thiru.AMSG.Ashokan as the Secretary and Thiru.A.Mariappan as the Treasurer. It appears that difference of opinion arose between the President on the one hand and the Secretary and the Treasurer on the other. The President of the said Kalloori Peravai levelled some serious allegations against the Secretary and the Treasurer which is refuted by the other two. An extraordinary General Body Meeting was claimed to have been held on 06.12.2018 and the said Ashokan and Mariappan were suspended temporarily and two other persons chosen in their place by a resolution. Thiru.Ashokan and Mariappan declined to recognise the validity of the resolution and refused to vacate their posts. That gave rise to the dispute on hand.

(2.) The writ petitioner herein Thiru.Vanchiko who was said to have been elected as Secretary in the place of Thiru.Ashokan submitted the Form-VII before the District Registrar, Madurai South. The District Registrar, Madurai South did not accept the same but kept it in abeyance. It is relevant to note here that Form-VII filed in respect of the election held on 11.06.2017 was also kept pending. In view of the filing of Form-VII by Thiru.S.Vanchiko, the Executive Magistrate/RDO, Madurai passed an order dated 10.12.2018 restraining both the contesting parties from entering the college campus and it is impugned in WP(MD)No.1673 of 2019. This passing of an order by the Executive Magistrate/RDO, Madurai on 10.12.2018 triggered the proceedings dated 12.12.2018 on the file of the Director of Collegiate Education, Chennai. By the said order dated 12.12.2018, the Director of Collegiate Education, Chennai gave permission to Thiru.Vanchiko to function as the Secretary of the College from 06.12.2018 upto 06.12.2019.

(3.) But then, this order was a conditional one. The Director of Collegiate Education directed that Thiru.Vanchiko must file the relevant Form-VII. Subject to this condition, the aforesaid order was passed. The Executive Magistrate/RDO, Madurai then convened the peace committee meeting on 13.12.2018. The meeting was adjourned without specifying any next date. The, status quo earlier granted was allowed to be continued. On 20.12.2018, the District Registrar, Madurai South passed an order returning Form-VII filed by Thiru.Vanchiko. Certain adverse findings were also set out therein. In view of the order dated 20.12.2018 passed by the District Registrar, Madurai South, the Executive Magistrate/RDO, Madurai also passed an order dated 31.12.2018 holding that the election held on 06.12.2018 in the extraordinary General Body Meeting convened on the said date was not valid and that the earlier office-bearers who were elected on 11.06.2017 will continue. In the meanwhile, the Director of Collegiate Education, Chennai also passed an order dated 08.01.2019 rescinding her earlier proceedings dated 12.12.2018. All these orders are under challenge in these writ petitions at the instance of Thiru.Vanchiko who was said to have been elected as the Secretary of NMSS Vellaichamy Nadar Kalloori Peravai in the extraordinary General Body Meeting convened on 06.12.2018.