Madras High Court
Mathew Jebasingh vs The District Registrar (Societies) on 17 January, 2025
W.P.(MD)No.1496 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.01.2025
CORAM:
THE HON'BLE MR.JUSTICE M.JOTHIRAMAN
W.P.(MD)No.1496 of 2025
Mathew Jebasingh
The Secretary,
Mukuperi Pragasapuram India Ega Retchagar Sabaii,
ERS Church Street,
Nazareth,
Thoothukudi District. ... Petitioner
Vs.
1.The District Registrar (Societies),
Palayamkottai,
Tirunelveli District.
2.Mr.Maduram ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Mandamus, to direct the first respondent to
instruct the second respondent not to conduct extraordinary General Body
Meeting based on his notice dated 09.01.2025 based on the petitioner's
representation, dated 11.01.2025.
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W.P.(MD)No.1496 of 2025
For Petitioners : Mr.T.A.Ebenezer
For R1 : Mr.P.Subbaraj
Special Government Pleader
For R2 : Mr.Ragatheesh Kumar
for M/s.Isaac Chambers
ORDER
This writ petition has been filed for a Writ of Mandamus seeking to
direct the first respondent to instruct the second respondent not to conduct
extraordinary General Body Meeting as per the notice, dated 09.01.2025
based on the petitioner’s representation, dated 11.01.2025.
2.Mr.P.Subbaraj, learned Special Government Pleader takes notice
for the first respondent and Mr.Ragatheesh Kumar, learned counsel takes
notice for the second respondent. With consent of both parties, this writ
petition is taken up for final disposal at the admission stage itself.
3.It is the case of the petitioner that the petitioner is a Secretary of
the Mukuperi Pragasapuram India Ega Retchagar Sabai registered in the
year 1956. The second respondent is the President of the Society. The
second respondent had issued a notice for extraordinary General Body
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W.P.(MD)No.1496 of 2025
Meeting on 09.01.2025 to be held on 19.01.2025 without following the
procedure and rules. As per Section 28 of the Tamil Nadu Registration
Act, after the receipt of the requisition in writing from the 25 members, the
committee can call for extraordinary meeting, but the second respondent
independently is calling for meeting even without issuing 21 days prior
notice and without issuing notice to all the members. If the meeting is
conducted, it will cause serious problems in the Society administration.
The petitioner also submitted a representation, dated 11.01.2025 before
the first respondent and the same is pending. Hence, this writ petition.
4.The learned counsel appearing for the petitioner would submit
that the second respondent has been acting against the welfare of the
society. The second respondent organized the General Body Meeting
independently by issuing notice dated 09.01.2025 to be held on
19.01.2025. In the notice, dated 09.01.2025, wherein, it is mentioned as
the minutes of the Management committee of the Salaipudur ERS Higher
Secondary School to be confirmed. If anybody includes the President
organizes General Body Meeting without following the Bye Laws, it will
worse affect the functions of the society. To organise the extraordinary
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W.P.(MD)No.1496 of 2025
General Body Meeting 21 days prior notice is must as per Bye Laws of the
Society. The notice contains only 10 days, which is illegal.
5. The learned counsel appearing on behalf of the second
respondent, on instructions, would submit that the General Body Meeting
is now postponed and to be scheduled on 30.01.2025 and therefore, 21
days prior notice has been complied with by the second respondent. As
per Section 26(4) of the Tamil Nadu Registration Act, 1975 the Registrar
may nominate an officer subordinate to him to be present at any such
general meeting. The writ petition is not maintainable to challenge the
notice issued by the second respondent. In support of his contention, he
has relied upon the judgment of the Hon’ble Division Bench of this Court
in Namakkal Taluk Lorry Owners Association vs. K.Nallathambi and
others in W.A.No.779 of 2019, dated 11.03.2019.
6. The learned Special Government Pleader appearing for the first
respondent would submit that the representation, dated 11.01.2025
submitted by the petitioner is pending before the first respondent for
consideration.
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W.P.(MD)No.1496 of 2025
7. It is seen from the records that Mukuperi Pragasapuram India Ega
Retchagar Sabai is registered under the Societies Registration Act on
02.08.1956. As per the Memorandum of Association and its Bye Laws,
all the members of the Church whose names have been registered in the
members register are the members of the Society. The General Body of
the Society shall elect the members of the 8 Management Committee
members. The Management Committee members shall elect President,
Secretary and Treasurer and other members amongst themselves. The
petitioner is a Secretary and the second respondent is a President in the
Society.
8. It is pertinent to mention that Chapter –III of the Tamil Nadu
Societies Registration Act, 1975 deals with the Management and
Administration of the Societies. For reference, Sections 14, 15 and 26 of
the Tamil Nadu Societies Registration Act, 1975 reads hereunder:-
“Section 14- Register of members:- (1) Every
registered society shall maintain a register containing the
names, address and occupations of its members.
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W.P.(MD)No.1496 of 2025(2) The register of members shall, during business
hours, be open to the inspection of any member free of
charge and any member may make extracts therefrom.
Section 15. Committee:- (1) Every registered society
shall have a committee of not less than three members to
manage its affairs. Every registered society shall file with
the Registrar a copy of of the register maintained by it
under sub-section 91) of Section 14 and from time to time,
file with the Registrar, notice of any change among the
members of the committee.
(2) A copy of the register shall be filed either at the
time of the registration of the society or within such period
as may be prescribed from the appointment of the members
of the first committee and the notice of any change among
the members of the society or of the committee shall be filed
within such period as may be prescribed from the date of
such change.
(3) The members of the committee shall be appointed
at a meeting of the society by a resolution of a majority of
the members present and entitled to vote thereat.
(4) The term of office of the members of the
committee shall not exceed three years from the date of
their appointment.
(5) The members of the committee shall be eligible
for re-appointment.
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W.P.(MD)No.1496 of 2025
Section 26. Annual General Meeting:- (1) At least
one general meeting of the registered society shall be held
in every financial year.
(2) Notice of every such general meeting shall be
given by the registered society to its members within such
period as may be prescribed before the day appointed for
the meeting.
(3) The notice shall specify the day, hour and place
and the object of the meeting and, in case any amendment
of a bye-law or objects of association as contained in the
memorandum is intended to be proposed, shall contain a
copy of every such amendment.
(4) The Registrar may nominate an officer
subordinate to him to be present at any such general
meeting.”
9. As per Section 35 and 36 of the Tamil Nadu Societies
Registration Act, 1975 provided the power to the Registrar for conducting
Inspection of books and Inquiry. Therefore, the Registrar is the
competent person to conduct inspection of books of every registered
society or by any person authorised by him in this behalf. The Registrar
may, of his own motion (or) on the application of a majority of the
members of the committee of a registered society (or) on the application of
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W.P.(MD)No.1496 of 2025
not less than one third of the members of that registered society, to hold an
inquiry, into constitution, working and financial condition of that
registered society. As per Section 26(4), the Registrar also may nominate
an officer subordinate to him to be present at any such general meeting.
10. In view of the above, as per the submission made by the learned
counsel appearing for the second respondent, the General Body Meeting is
postponed and the schedule to be held on 30.01.2025, this Court is
inclined to direct the first respondent to consider the representation
submitted by the petitioner, dated 11.01.2025 and pass appropriate orders
on merits and in accordance with law after providing an reasonable
opportunity of hearing to the parties concerned, if necessary.
11. With the above the direction, the writ petition is disposed of. No
costs.
17.01.2025
NCC :yes/No
Index :yes/No
Internet:yes/No
am
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W.P.(MD)No.1496 of 2025
To
The District Registrar (Societies),
Palayamkottai,
Tirunelveli District.
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W.P.(MD)No.1496 of 2025
M.JOTHIRAMAN,J.
am
W.P.(MD)No.1496 of 2025
17.01.2025
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