)o2l

IN THE HIGH COURT OF JUDICATURE AT MADRAS 97 r0 7l

MADURAI BENCH

(Special Original Jurisdiction)

WP (MD) No. ol2021

V.Kasi, aged 79
No.23, Gokul Nagar
AR Line Post
Madurai 625 014. Petitioner

Versus

1 The Additional Chief Secretary to

Government (FAC)
Commercial Taxes & Registration (M1 )
Department
Government of Tamil Nadu
Secretariat, Chennai 600 009.

2 The lnspector Genera! of Registration

Santhom High Road
Chennai 600 028.

3. The District Registrar of Societies

(Administration)
Madurai North
Rathinasamy Nadar Street
Madurai 625002.

4. Mrs.lndirani
Wo.E.M.G.Soundararajan
EMG Bungalow
Gokhale Road
Chinna Chokkikulam
Madurai 625002.

5 E.M.Gopalakrishna Kone Yathavar

Mahalir Kalluri Association
Rep. by itrs President & Secretary
Thiruppalai, Madurai 625 014. Respondents.

AFFIDAVIT OF THE PETITIONER

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I, V.Kasi, S/o.S.Veeranan, Hindu, aged about 79 years, residing

at No.23, Gokul Nagar, AR Line Post, Madurai 625 014,
do hereby solemnly affirm and sincerely state as follows:-

1. I am the petitioner herein and as such I am well acquainted with

the facts of the case. I have not filed any other writ petition seeking
similar relief arising out of the same cause of action.

2. I am a Life Member of 5s respondent herein and one of the

original Founders of str respondent Educational Society vtz.,
"E.M.Gopalakrishna Kone Yathavar Women'S College" now run by the
5'respondent society, as its educational agency.

3. ! state that I being one of the original Founders and a Life Member
of 5s respondent t am entitled to participate in the election for Executive
Member to the Executive Council of Stn respondent and if elected I am

also entitted to participate and vote in the further election of office

bearers to the office of President, Vice President, Secretary and
Treasurer among the newly elected Executive Members to the
Executive Council for every term of office.

4. I state that late E.M.G.Soundararajan, who having donated land

and assets worth of Rs.2,00,000/- as charity for the women's college
became a Life Member of the Educational Society viz., the 5o'
respondent herein. The 5t' respondent Educational Society was
originatly formed and registered under the Societies Registration Act,
1860 (Central Act XXI of 1860), on 12.09.1973 vide Regn No. 101/73.
The 5h respondent society, with reference to convening of its General
Body Meeting, constitution of Executive Council and Governing Body
and their respective meetings and function and management are
governed by the bye-laws framed and registered on 12.09.1973. The

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said bye-laws are still in force without any amendment to any of the
conditions of the original bye laws.

5. I state that the Sth respondent society which was registered under
the Societies Registration Act, 1860 (Central Act XXI of 1860), on
12.09.1973 vide Regn No. 101fl3 is deemed to be registered under this
Act by virtue of Sec.53 of the new Act under the Tamil Nadu Societies
Registration Act, 1975 and Rules 1978 framed thereunder. Sec.53 of
the new Act reads as follows:-

"Sec.53. Application of Act to existing registered societies. -

Every society registered under the Societies Registration Act, 1860
(Central Act XXI of 1860), Before the date of the
commencement of this Act shall be deemed to be registered
under this Ac! and the bye-laws of such society, shall, in so far as
they are not inconsistent with any provisions of this Act, in force
until altered or rescinded."

Hence the 5h respondent society, convening of General Body meeting,

constitution of Executive Council by electing Executive Members and
constitution of Governing Body are governed by the provisions of new
enactment "The Tamil Nadu Societies Registration Act, 1975".

6. The main objects of the 5* respondent society as per its bye-laws

are to provide higher education to the women, to run Arts College for
the poor and down trodden, to construct hostel for those poor students
for their accommodation, to provide free food, books, dress materials
and to establish Teacher Training lnstitute, House Keeping and
Technical lnstitutions from the income of the properties belonging to 5h
respondent educational institution by way of rent, lease and
development of immovable properties.

7. I state that the BYe-Laws of the t ,"rponOent society provides

three Councils viz.

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1. General Body
2. Executive Council
3. Governing Council.
\r*
The eligibility to become life members of General Body of 6A respondent
society is provided in Clauses 6(a) & (b) of the Bye Law. Clause-6 (a)
of the Bye Law provides that both Yadavas and others who donate
Rs.250/- and above would become Life Members of General Body of
(\, \
'\ tespondent. Clause-6(b) of the Bye Law provides
the 5" that if any of
La"
the Yadava Sangams donate Rs. !50/- to the F re5pondent society,
such Sangams can dePute,one of its representative to become a
member of General Body of $ respondent which is valid for one year.

8. I state that the mode of convening the meeting of General Body is

provided in Clause-7 of the Bye Law. The relevant conditions in

Clause-7 are extracted hereunder:-

1 The General Body Meeting has to be convened and

conducted once in a year in December for the purpose of
conducting affairs of the college.

2 Notice for convening of General Body meeting should be

served to all the members of General Body 15 days in
advance, containing the date, time, place and subject mafter
for consideration in detail. The General Body meeting shall
be held either in the college premises or at any public place
at Madurai City on a holidaY.

3. The quorum of the General Body Meeting is 100 in numbers

or /" of the total registered members, whichever is lesser.

4 E.M.G.Soundararajan who donated land and assets worth

of Rs.2,00,000/- as charity for the 5s respondent society
would become Life Member during his life time in the
Executive Council of
5h respondent society. That apart,
three other Yadava members to be appointed/nominated

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either by the said donor E.M.G.Soundararajan or his direct

legal heirs as Executive members in the Executive Counci!
for three years. Leaving above 4, election would be
conducted to elect 46 members in the General Body as
Executive Members to the Executive Council. Thus the total
number of Executive members to the Executive Council of
tL
t 60 respondent is 50 in all.

5. The General Body would verify and examine the annual

income and expenditure of the college, audit report thereon,
and general conduct of the college. The General Body has
got the authority to amend the college rules by inserting new
rules or by deletion, to induct new members to the General
Body and to remove any member of General Body. The
Executive Members elected to the Executive Council
(except Yadava Charitable Trust) should be members of
General Body also.

6
7
8
I !n order to elect Executive Members 15 days notice prior to
convening of General Body Meeting has to be served to all
the members of General Body, a llst contalnlng name and
address of members of the General Body should be
placed in the place of elec'tion and in the venue of
college for verification. General Body should prescribe
the rules and procedures for filing nominations.
Transparent secret ballot election should be conducted.

10. The President, Vice President, Secretary and Treasurer in

the Executive Committee would be the same in the Genera!
Body also.

9. I state that Clause-8 of the Bye Law provides for eligibility of

members and category in which to be elected to fill up the 50 Executive

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u$^-
Members to constitute Executive Council ol W respondent. Relevant
conditions in Clause-8 are extracted hereunder:-

1 14 members to be sent by Tamil Nadu Yadava Youth

Association Regn No.57171 (TlN).

2 Either E.M.G.Soundararajan or one of his direct legal

heirs and if he has more than one legal heir, one elected
on their behalf.

3. Three representative members of Yadava appointed

either by E.M.G.Soundararajan or one of his direct legal
heirs.

4. Two members from the Panchayat Board wherein the

college is situated and one of them should belong to Yadava
community.

5. Remaining 30 Executive members would be elected by

election in the General Body Meeting for the Executive
Council.

a) 10 members would be elected as Executive Members

from the category of those who donated Rs.5000/-
and above or donated properties to the college and if
the donor being an institution, his representative
would be one among the 10 members to take part in
the Executive Council.

b) 20 members would be elected as Executive Members

to the Executive Council from the category of those
who donated from Rs.250/- to Rs.5000/- or donated
properties to the college.
c) In the Executive Council, there must be 5 female
members to take part as Executive Members and
shortage of 5 members would be filled up by
Governing Body.

6. While following the above procedures, if any vacancy is

caused during election of Executive Members, the said
vacancy should be filled up by the General Body.

7 The period of office of the Executive Member is three years

and any vacancy caused during the period, the Executive
Council would appoinUnominate any one as Executive

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Member for the remaining period and such temporary

election of an Executive Member would be placed in the
General Body Meeting for information.

8. The Executive Counci! meeting would be conducted atleast

once in three months.

10.

'11.

12. Governing Body would be comprised of the following -

a) President
b) Vice President
c) Secretary
d) Treasurer
e) College Principal

0 Either the donor E.M.G.Soundararajan or one of

his direct legal heirs.
g) One representative deputed from Madurai
University Syndicate.

h) Two Members elected and deputed from Erecutive

Council.

13. The President. Vice President. Secretary & Treasurer

elected bv Executive Council would be the same for the
General Bodv as well as Governlng Body.

14. The Executive Council would examine and approve all

the income and expenditure accounts, proposed
income and expenditure submitted annually by the
Governing Body.

15. The Executive Council would examine and approve the

audit report for the annual accounts of the college and
then recommend and place the same for retrospective
approval.

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10. I state that after the election of 46 Executive Members there

would be further election of office bearers among total 50 Executive
Members (including E.M.G.Soundararajan or one of his direct legal
heirs, and three representative members of Yadava appointed as
Executive Member in all 4) to the office of President, Vice President,
Secretary and Treasurer to the Executive Council.

11. I state that after election of office bearers to hold the office of
President, Vice President, Secretary and Treasurer in the Executive
Council, the Goveming Body would be constituted. The Governing
Body is the College Management which comprised of 9 members to
manage and administer the college. Relevant bye laws pertaining to
members constituting Goveming Body and the duties of Governing
Body are extracted hereunder:-

(1) The 9 members of Governing Body are

1. President,
2. Vice President,
3. Secretary
4. Treasurer
5. Principal
6. Either E.M.G.Soundararajan or one of his direct legal
heirs
7 & 8 two Executive Members chosen and deputed by
the Executive Counci!; and

9. One representative deputed from Madurai

University Syndicate.

(2) E.M.G.Soundararajan, being donor would be Life Time

Member of the Governing Council and after his life time, one
among his direct legal representatives would become Life
Member.

(3) The term of office of the Governing Council is 3 years.

(4) The President, Vice President, Secretary &

Treasurer elected for the Executive Council would be the same
as President, Vice President, Secretary &

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Treasurer of the Governing Council also.

(5)

(6) The quorum for the meeting of the Governing Body is 4.

(7) Atleast there must be one meeting in a month.
(8) The Governing Body itself would appoint Gollege
Principal, Teachers, staff and for taking disciplinary
action against them.

(9) Above mentioned appointments would be placed for

approval in the meeting of Executive Gommittee for its
retrospective approval.

12. I state that duties and responsibilities of the elected President as

per the Bye Law are to preside over the meetings of General Body,
Executive Council and the Governing Body. The Vice President will
preside over such meetings in the absence of the President.

13. I state that the duties and responsibilities of the Secretary as per
the Bye Laws are very much exhaustive which read as follows:-

1 To convene the meeting of General Body, Executive Council

and Governing Council in consultation with the President.
Maintain and place the minutes and proceedings of each
meeting, income and expenditure accounts. To bring into
immediate effect every resolutions passed in each and
every meetings.

2 To get approval of the proceedings of Governing Body

placing them in the meeting of Executive Council, and
proceedings of Executive Council by placing them in the
meeting of General Body meeting with retrospective effect.

3
4
5
6
7

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8. Litigations and dispute pertaining to the college would be

instituted or defended only by the Secretary as plaintiff or
defendant.

9.

10. The Secretary of the college is responsible for all the

litigations for and on behalf of college. All the properties
purchased for the college and all the documents would be in
the name of respective Secretaries during the tenure of
their office.

11.

12.

13. As per bye laws, all the books and accounts for annual
income and expenditure of the college, audit report,
proposed income and expenditure account of the next
academic year, rules, procedures, amendments if any would
be printed and copy of the same should be furnished to al!
the Life Time Members of the college.

14.
15.

16. Secretary has to place monthly income and expenditure

accounts for approva! before the Governing Body every
month and to be acknowledged by the President and
Treasurer by subscribing their signatures.

17.

18. The Secretary shall act as Gorrespondent of the college

and perform the work as per the resolutions passed in the
General Body, Executive Council and Goveming Body.

19

20. The annual income and expenditure, accounts, Audit

Report should be placed once in a year before the Genera!
Body meeting of the Tami! Nadu Yadavar Youth Association
for lnformatlon.

General Gonditions of Bve Laws

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1.
2.
3. The President, Vice President, Secretary, & Treasurer
can hold office for two terms continuously and for third
term they shal! not contest in the election for the said
post, but he shal! contest again in the election to the
above post only during 4s term. Only if General Body
decides, a member shall hold for third tenure.

14. I state that when the matter stood thus, late E.M.G.Soundararajan
who was the Life Member of General Body as well as Executive Counci!
as per the Bye Law, in view of Sec.15(3) & (4) of the Tamil Nadu
Societies Registration Act, 1975 which directed that appointment of
members of Committee shall be at a meeting by a resolution of a
majority of members present and entitled to vote thereat only felt
conflict in exercising his special rights of becoming permanent
Executive Member of Executive Council and right of appointing three
members of Yadava as Executive Member to the Executive Council as
per the bye laws with that of the provisions under Sec.15(3) & (4) of
the new Act which contemplate appointment of members only by
election.

15. ! state that whileso, the Secretary of the Association Thiru

Gopalakrishna Yadav on the basis of Resolution of the General Body,
sent a petition dated 5.5.1987 to the government for grant of exemption
from the provisions of Sec.15(3) & (4) of the Tamil Nadu Societies
Registration Act, 1975 for his election being permanent Executive
Member of Executive Council from being elected by voting and his
special right of appointing three representative members from yadava
community as Executive Members to the Executive Council in a term of
office.

16. I state that the Government after accepting the request of the
Secretary issued G.O (Ms) No.828, Commercial Taxes & Religious

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Endowment Department, dated 03.06.1988 granted exemption under

Sec.53 of the Act, recognising the special right of Life Member of
E.M.G.Soundararajan or his legal heir to become a permenent
Executive Member in the Executive Council as well as a Member in the
Governing Body without election in the Constitution of these
Committees and also recognized them to appoint three Yadava
members as Executive Members in the Executive Council without any
election in every term of office. As per Bye Law 7(4) the nominated
members to Executive Council by leal heirs of E.M.G.Soundararajan
shall hold office only for three years. Again as per Bye Law 8(9)(2) the
nominationof members to the Executive Council by legal heirs of
E.M.G.Soundararajan shall be placed before General Body for
information.

17. I state that thereafter, there were certain irregularities and

illegalities in the convening of General Body meeting, conduct of
election of Executive Members, election of office bearers and
constitution of Governing Body as well during the life time of late
E.M.G.Soundararajan itself. During each term of election, there were
complaints made to the respondents 1 and 2 herein, besides civil
litigations as well as writ proceedings pertaining to the manner of
election and questioning the Form-Vll.

18. I state that after the demise of E.M.G.Soundararajan, his wife

Tmt.lndirani, as his legal heir assumed as Life Member and permanent
Executive Member to the Executive Counciland a permanent member
of Governing Body. Before electing to the office of President, Vice
Preisdent, Secretary and Treasurer, the nomination should have been
placed before the General Body as per Bye law. But no such procedure
of placing nomination of contesting elected Executive Members or that
of Mrs.lndirani was placed in any of the General Body or Executive
Members meeting for more than 10 years. Thus the said Tmt.lndirani

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continuing to be permanent President and permanent Secretary for

more than 10 years and started treating the entire educationa! agency,
college run by it, properties vest in them and purchased in her name as
her personal family properties on wrong interpretation of the exemption
granted under Sec.54 of the Tamil Nadu Societies Registration Act,
1975, due to which she did not conduct proper General Body meeting,
failed to appoint Election Officer to conduct proper elections for electing
Executive Members from the categories of members for constitution of
Executive Council, failed to publish the approved list of eligible
members to vote in the General Body Meeting or details of further
election for electing office bearers for the post of President, Vice
President, Secretary & Treasurer in the Executive Council, as per bye
laws or availing the service of election observer from the pblesnonOent
office.

19. I state that none of the notice for convening meeting of General
Body contained the following material particulars for the proposed
election:-

1 the date of publication of list of members/voters' list in the

Notice Board at the office of the society or college premises;

2. the date for making claims and objections for omission

removed members and inclusion of new members in the
voters'list;

3. the date of publication of decision of the Election Officer on

the claims and objections raised to the voters' list;

4 the date of filing nomination by eligible members found in

the voters' list for the election as Executive Members to the
Executive Council;

5. the date of scrutiny of nomination papers for election of

Executive Members;

6. date of publication of valid nominations;

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7. date for withdrawal of nominations;

8. date of publication of final list of contesting candidates for

the election of Executive Members;

9. date and time of election for Executive Members;

10. date of counting election;

11. date and time of declaration of election result for the

Executive Members constituting Executive Council;

20. I state that after declaration of result of,,election of Executive

Members constituting Executive Council for 3 ?bspondent society by
the Election Officer, there shall be a further election process among the
elected Executive Members to elect President, Vice President,
Secretary & Treasurer, by voting in transparent manner.

21. I state that without following the above procedures in a

transparent manner notifying in the agenda or election notification by
real election of
appointing Election Officer, there cannot be a true or
Executive Members to the Executive Council or election of office
bearers among the Executive Members in the Executive Council.

22. I state that the wife of late E.M.G.Soundararajan viz., Tmt.lndirani

I
(who became Life Member of General Body as well as Governing Body
1tr,-
,r
and a permanent Executive Member in the Executive Council of tt
respondent unilaterally assumed office of permanent President as well
as permanent Secretary in the General Body, Executive Council as well
as Goveming Body without election, started appointing the Principal of
the college, faculties and staff in total transgression of the bye laws as
well as the provisions of the Tamil Nadu Societies Registration Act.

23. I state that seeking enquiry into the irregularities and,illegalities in

the election alleged to have been condu ted by fl- respondent

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represented by Tmt.lndirani as President & Secretary, there were

complaints against her. We also sought clarification from the
respondents 2 and 3 herein with regard to the nature of exemption
granted to the Life Member E.M.G.Soundararajan in the 5' respondent
society.

24. I state that upon requisition for such clarification from the
respondents 2 and 3 herein, the 'lst respondent herein sent a
Clarification Letter (Ms) No.102 dated 15.07.2016 to the 2d respondent
herein with regard to G.O (Ms) No.828, Commercial Taxes & Religious
Endowment Department, dated 03.06.1988 granting exemption to the
5'respondent society.

"2) ln reference 4tt cited, it has been stated that as the

members of the Executive Council are being nominated by
hereditary trustee, there is likelihood of College Administration
being handled as family property by a particular family and this is
against the provisions of Tamil Nadu Societies Registration Act,
1 975 and

As such, election of the remaining members to the

Executive Committee has to be made only through election as
provided in the bye-law of the society. While examining the issue,
it is found that the exemption granted to the above Society in the
Government Order 1d cited, is in General and not specific. The
society has misused the above Government Order and selected
all Executive Members to the whole society without proper
election. The action of the above Society is contrary to its Bye-
law as well as to the Tamil Nadu Societies Registration Act.

3) I am therefore to request you to issue necessary instruction

to the concerned District Registrar and to the above society "that
the orders issued in G.O Ms No.82E, Gommercial Taxes and
Religious Endowment Department, dated 3.6.1988 granting
exemption from the provisions of sub-sections (3) and (4) of
Section 15 of the Tamil Nadu Societies Registration Act 1975
will be applicable only in respect of 4 members ie., the direct

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heir of Thiru E.M.G.Soundararajan and 3 Yadava community

persons nominated either by the Trustee or by his heirs and
successors among the 50 Executive Council Members of the
above society, and the rest of the 46 members have to be
elec'ted only through election and their tenure of post is 3 years
as per the bye-law of the society and the Tamil Nadu Societies
Registration Act, 197 5.

Action taken in this regard may be intimated to

Government.

25. I state that from the above clarification which is unassailable,

became fina! and valid in law it is clear that exemption granted to the 5h
respondent society is only with reference to the special rights enjoyed
by late E.M.G.Soundararajan for himself or any one of his legal heirs
and their right of appointing three Yadava members as Executive
Member to the Executive Council of 5h respondent for every term of
office only. Hence the exemption means excepting above 4, the
election is for remaining 46 Executive Members to the Executive
Council and a member in the Governing Council, while other members
elected as President, Vice President, Secretary & Treasurer would hold
office separate apart from Life Members in the Executive Council as
well as Governing Body.

26. I state that following the above clarification letter from 1d

respondent, I sent a representation to the respondents 2 and 3 herein

on 5.10.2016 to enquire into the notice dated 7.9.2016 for convening
of General Body on 210.2016 for the manner of conduct of election for
constitution of the Executive Council and the manner in which conduct
of election was made to the office of President, Vice President,
Secretary & Treasurer and that of the Governing Body to manage and
administer the college and its day today affairs.

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LI

27. I state that the 3d respondent herein gave evasive replies that
conduct of election of General Body election and constitution of
Executive Council was as per the bye laws without rebrence to the
election of office bearers of Executive Council and Goveming Council
as per the bye laws on 25.10.2016 and 19.1 .2017 and submitted a
report to that effect by 3. respondent to the 2nd respondent on
8.2.2017. The 2d respondent herein on the basis of the said misleading
report of 3d respondent held that conduct of election was in accordance
with bye laws and clarification issued by 1n respondent h Clarification
Letter (Ms) No.102 dated 15.07.2016.

28. Aggrieved, I filed a writ petition WP (MD) No. 22460 ol 2017

challenging the proceedings ol 2d respondent No.447011P'12016 dated
20.03.2017 in acceptance of report of the 3d respondent herein. The
said writ petition became infructuous since the term of offte of 3 years
ftom 2016 elapsed in 2019.

29. I state that again election for the year 2019 was held in the same
manner without appointing an Election fficer, without propr notice for
election of Executive Members, without publication of eligiUe members
of General Body, without details with reference to electon of 46
Executive Members from the respective categories, withotl detrails of
further election for office bearers among Executive Members to be
elected to hold the office of President, Mce President, Secretary &
Treasurer.

30. I state that I sent a representiation dated 13.3.2020 to the 2d

respondent herein to conduct enquiry for the illegal conslitution of
Executive Council and appointing office bearers including herself both
to the office of President as well as Secretary without any election
which is against the bye laws and treating that she is a permanent

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President and Secretary of General Body, Executive Council and

Governing Body.

31. I state that as per Clause-7(4) of the bye-law refered above,

Tmt.lndirani, w/o.!ate E.M.G.Soundararajan is a Life Member in the
General Body and permanent Executive Member only in the Executive L,
Council. As per Clause 7($ of bye-law she or any one of the direct
legal heirs of late E.M.G.Soundararajan has a special right to be
permanent Executive Member in the Executive Council and further right
to appoint 3 Yadava members as Executive Members to the Executive
Council in every term of office. This special rights given in the bye-laws
have been recognized by giving exemption to all the above 4 in the
constitution of Committee from the provisions of Sec.15(3) & (4) of the
Act. Hence the claim of Tmt.lndirani treating her as permanent
President & Secretary of the Genera! Body, Executive Council and
Governing Body is against the bye-law of 5h respondent and exemption
granted under Sec.53 of the Act. Hence holding of office as permanent
President and permanent Secretary by Tmt.lndirani is misuse and
abuse of power, illegal acting against the bye law and interest of the 5'
respondent society as well without authority of law.

32. I state that as per the above refened bye-law, Tmt.lndira,

w/o.E.M.G.Soundararajan or direct legal heir of E.M.G. Soundararajan
would become a permanent member only and there is no bye-law to
enable E.M.G.Soundararajan or his direct legal heir including
Tmt.lndirani to enable any of them to become a permanent President or
permanent Secretary without election. But the said Tmt.lndirani, is
continuously holding the office of President & Secretary permanently
without any election for the last 10 years illegally and against Clause-3
of General Conditions of above referred Bye Laws that President, Vice
President, Secretary & Treasurer can hold office for two terms
continuously and for third term they shall not contest in the election for

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the said post, but he shall contest again in the election to the above
post only during 4h term. Only if General Body decides, a member shall
hold for third tenure.

33. I state that in the instant case, there is no election, no contest

made by Tmt.lndirani for her third term of office as President &
Secretary, no favourable decision is taken by General Body for 3. term
contest by Tmt.lndirani. Finally, there is no provision for 4h term of
office continuously to contest the election to hold the office of President
or Secretary. Hence continuous office of President and Secretary by
Tmt.lndirani for more than 10 years without election or contest in the
election in the absence of enabling provision in the above refened bye
laws, the continuance of office as permanent President and permanent
Secretary by Tmt.lndirani is proved to be illegal, unfair and against bye
law.

34. I state that duties and functions of the office of President and
Secretary are varied and there is no provision in the above referred bye
laws enabling any Executive Member to contest or hold or discharge
duties of two office of President & Secretary. !n fact, in the absence of
President or remained vacant by any reason, the duties and functions of
the office of President is immediately taken over and discharged by the
elected Vice President as per Bye Law relating to duties and
responsibilities of President.

35. ! state that the above referred Bye Law does not permit the
Secretary to hold or assume the charge of President of General Body or
Executive Council or Governing Council or to discharge the duties and
responsibilities of President. The Bye Law provides separate duties
and functions of Secretary in the General Body, Executive Council as
well as Governing Body. Whileso, in total contravention of the above
referred bye-laws, the Secretary Tmt.lndirani is also holding the office of

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President as permanent post and discharging the duties of President

by approving and acknowledging the duties and functions assigned to
the Secretary.

36. I state that from the above act of Tmt.lndirani it is clear that her
duties and functions with reference to income and expenditure,
proposed annua! income and expenditure, withdrawing and transfer of .,/
money from account of 5h respondent, receiving government grants and
its utilisation, dealwith the banking transactions, purchase and sale of
properties in her name, appointment of Principal, faculties, staff and
initiating disciplinary action made by her as Secretary are approved by
herself as President. This itself would undoubtedly prove the illegalities,
misuse and abuse of power wielded out by Tmt.lndirani not authorized
under any of the above referred bye-laws is well established beyond
doubt.

37. I state that since Tmt.lndirani is holding the office as permanent

President and permanent Secretary without any election for over 10
years, the convening of Genera! Body Meeting, Executive Counci! and
Goveming Council all these years are illegal in view of Clause-1 of
duties and functions of Secretary which mandate that the Secretary has
to convene such meetings of General Body Meeting, Executive Council
and Goveming Council only in consultation with the President. ln the
instant case, Tmt.lndirani who is the permanent Secretary has
convened all such meetings of three Councils without consultation of
President as there is no separate elected President.

38. ! state that Clause-2 of the duties and functions of Secretary

referred above direct the Secretary to get approval of proceedings of
Governing Body in the meeting of Executive Council and proceedings of
Executive Council by placing them in the meeting of General Body
meeting with retrospective effect. Since the convening of each meeting

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by Secretary without consultation of President itself became invalid,

there is approval of proceedings of any Council in the Executive
Council or General Body in the absence of President. Hence
proceedings of meetings of three councils drawn by Secretary cannot
be approved and acknowledged by the same Secretary holding the
post of President. Hence holding of dual post of President & Secretary
by Tmt.lndirani for over 10 years is not only against bye laws of 5h

respondent referred above but led to abuse of entire administration on

several aspects of mis-management, wrong appointment and
misappropriation of society's fund as well as fund aid given by the
govemment for the appointment of Faculties for the Aided vacancies.

39. I state that the bye-law referred above provides constitution and
the method of functioning of Executive Council, according to which late
E.M.G.Soundararajan or any one of his direct legal or three persons
belonging to Yadava community to be nominated/appointed by any one
of them in all 4 of them shall become only permanent Executive
Members of Executive Council in every term of office and similarly in
the constitution and method of functioning of Executive Council or
General Body there is no enabling provision in the bye-laws referred
above permitting late E.M.G.Soundararajan or any one of his direct
legal or three persons belonging to Yadava communi$ to be
nominated/appointed by them to participate or contest or hold the office
of President, Vice President, Secretary & Treasurer since both in the
constitution and system of Executive Council and Governing body, the
E.M.G.Soundararajan or any one of his direct legal is one of the
separate category members apart from the office of President, Vice
President, Secretary & Treasurer. When such being the case, the
object and intention in the bye law referred above is very clear that
E.M.G.Soundararajan or any one of his direct legal or three persons
belonging to Yadava community to be nominated/appointed by them

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must remain a separate category in the constitution of Executive

Council, Governing Body and General Body in the absence of enabling
provision conferring special right on them.

40. ! state that the clarification issued by the 1d respondent in his

clarification letter (Ms) no.102 dated 15.07.2016 to the 2d respondent
and intimated to the 3" respondent refened above is apparent and
patently clear grant of exemption by the government in G.O Ms No.828,
Commercial Taxes & Religious Endowment Department dated
3.06.1988 from the provisions of sub-sections (3) & (4) of Sec.15 of the
Tamil Nadu Societies Registration Act 1975 will be applicable only in
respect of 4 members ie., the direct heir of Thiru E.M.G.Soundararajan
and 3 Yadava community persons nominated either by the Trustee or
by his heirs and rest of 46 members have to be elected only through
election as Executive Members to the Executive Council for the tenure
of 3 years. The said clarification attained finali$ and remain
unassailable. Hence the alleged General Body Meeting, constitution of
Executive Council and Governing Body and treating Tmt.lndirani as
permanent President & permanent Secretary for the term 2016 to 2019
and 2019 lo 2022 and in fact for previous two terms in similar manner
are abuse and misuse of power, against bye-law and interest of the
entire educational society and its welfare. Therefore continuance of
management of 5'h respondent society, its Executive Council &
Governing Body are abuse of process and liable for supersession under
Sec.34-A of the new Act which reads as follows:-

"34-A. Supersession of Commiftee.-(1Xa) !f, in the opinion of the

Government,-

(i) the committee of any registered society is not functioning

properly, or

(ii) the affairs of any registered society are mismanaged; or

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(iii) the registered society's activities are not in furtherance of the

objects of the society, or

(iv) the committee of any registered society has contravened any

of the provisions of this) Act or the rules made thereunder, or
wilfully disobeys or wilfully fails to comply with any lawful order or
direction issued under the provisions of this Act or the rules made
thereunder, the Government may, after giving the committee an
opportunity of making its representations, by order in writing,
supersede the committee and appoint a person (hereafter in this
section and in section 34-B referred to as the special officer) to
manage the affairs of the society for a specified period not
exceeding one year:

Provided that nothing in this clause shall prevent the appointment

of the same person as special officer for two or more registered
societies.

(b) The period specified in such order may, at the discretion of the
Government, be extended from time to time provided that such
order shall not remain in force for more than three years in the
aggregate.

(2) The special officer appointed under sub-section (1) shall,

subject to the control of the Registrar and to such directions as he
may, from time to time, give, have power to exercise all or any of
the functions of lie committee and to take such action as may be
required in the interest of the societies.

(3) The Registrar may fix the remuneration payable to the special
officer appointed under sub-section (1). The amount of
remuneration so fixed and such other expenditure incidental to the
management of the society during the period of supersession as
may be approved by the Registrar shall be payable from the funds
of the registered society.

(a) The special officer appointed under sub-section (1) shall

arrange for the constitution of a new committee in accordance
with the provisions of this Act and the rules made thereunder and

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the bye-laws of the registered society so that the new committee

may be constituted and the members thereof c,ome into office at
the expiry of the period of appointment of the special officer.

(5) Nothing contained in this section shall be deemed to affect the

power of the Registrar to order the winding up of the society under
section 40.

(6) An order under sub-section (1) shall take effect from the date
specified therein."

It is submitted that Sec.34-A empowers the Government to supersede

the Committee of Management and to appoint a Special Officer. The
contingencies for invoking this power are mentioned in sub-clauses (i)
to (iv) of Clause (a) of sub-section (1) of Section 34-A. There is nothing
in Section 34-A that limits the power of the Government.

41. I state that the Tmt.lndirani, the alleged permanent President and
permanent Secretary of 5' respondent and its Executive Council and
Governing Body is not functioning properly, its entire affairs are
mismanaged, its activities are not in furtherance of the objects of the
society, and has contravened all the mandatory provisions of the Act
and Rules framed thereunder willfully. Hence there is prima facie case
for the 1" respondent to invoke the provisions of Sec.34-A of the Act.

42. I state that Rule 33-A framed under the Tamil Nadu Societies
Registration Act, 1975 is to rectiff the defects in accprdance with bye-
law, provisions of Act and Rules which reads as follows:-

"33-A. Duties of the Special fficer. - (1) The Special Officer

appointed under Section 34-A shall be a person not below the
rank of Sub Registrar appointed under Section 6 of the
Registration Act, 1908 (CentralAct XVI of 1908).

(2) The Special Officer shall examine the cause of

supersession of the Committee and take such action as may be

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required to rectiff the defects in accordance with the pro'isions of

the Act and the rules and the bye-laws of the Registered Society.
The Special Officer shall submit to the Registrar a reporton the
action taken by him to rectify the defects, within a period o\three
months from the date of this appointment and shall suhrit a
monthly report to the Registrar showing progr€ss made iil his
action.

(3) The Special fficer shall examine whether any Officerlr

servant of the society was reasonable for any act of omission I
commission which Ied to the supersession of the Gommiffie ari
take such action against the said fficer or servant, as may bd
neoessary, under the Act and the rules made thereunder, and thei,
by-laws of the registered society. The Special Officer shall submit
a report to the Registrar the action taken by him within a period of
three months from the date of his appointment and shall submit a
monthly/ quarterly report to the Registrar, till the action taken
against such Officer or servant is completed."

43. lstate that in the Executive Council Meeting held on 20.1.2007'

there was an election was conducted for the eost€f Secretary/
Conespondent of the women's college run by the 5e respondent
I
soclety. A Resolutlon was passed for appolntment of an Electlon
Officer, Election was appointed as per resolution, the Election
fficer
Officer notified the date for submitting nomination and nomination to
contest the election for the post of Secretary/ Correspondent was filed'
But there was only one nomination submitted by me who is a Life
Member fiom the Founde/s Family. After receipt of nomination, the
Election fficer declared me elected in the said election process.

4. lmmediately the change in the office of Secretary/Correspondent

was communicated to the 3' respondent herein as required under
Sec.15(1) & (2) of the Tamil Nadu Societies Registration Act 1975.
Thus I was previously elected as Secretary/Conespondent in the
election conducted in the manner known to law. But this procedure

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established by law in a transparent manner is not followed now for the

past 10 years after Tmt.lndirani, w/o.late E.M.G.Soundararajan stepped
into the shoes of permanent Executive Member by treating her as
permanent President and permanent Secretary of all the three Councils
and running the education society, its college and its management
exclusively holding dual post whose functions are conflicting to each
other.

45. I state that Clause-3 of General Conditions of Bye Law referred

above categorically stipulate that holding of office of President, Vice
President, Secretary & Treasurer can be held by a person only by
contesting in the election and cannot continue for third term
continuously without the approval of General Body. Hence the holding
of office is only by conduct of election and contesting in the election.
Hence the election procedure must be commencing from election
notification, publication of list of eligible members, right to make
objection for non-inclusion or including ineligible persons in the list of
members, consideration thereof, date of nomination, last date for
receipt of nomination and several matters leading to fair election as
contemplated under law of the land. Hence the claim of permanent
President and permanent Secretary by Tmt.lndirani without election or
contest in the election is illegal and liable for supersession as per
Clause-3 of General Conditions of Bye Law also.

46. I state that despite the above, it is most unfortunate that in the
earlier occasions, though complaints were made to the respondents 2
and 3 herein, though the 2M respondent directed the 3d respondent to
enquire into the said complaint, the 3d respondent without making
proper enquiry and colluding with Tmt.lndirani submitted a false report
as if the election conducted for 2016-2019 was proper and there was no
irregularity and based on which the 2d respondent also closed the

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complaint submitted by me and other members. Hence by the previous

conduct of respondents 2 and 3 with regard to conduct of enquiry,
confidence on them is lost. Hence I am filing this writ petition for
supersession of the 5' respondent society, its Executive Council and
Governing Council for management of women's college.

47. I state that as per Clauses-9 & 10 of the duties and functions
prescribed for the Secretary, the Secretary alone has to sue and to be
sued for and on behalf of 5h respondent socie$ and the Secretary is
solely responsible for all the litigations for and on behalf of the 5h

respondent society and its college management. But contrary to the

above referred Clauses -9 & 10 prescribing duties and functions of
Secretary in the bye-laws, the 5h respondent has filed and defended the
litigations for and on behalf of 5' respondent society and the college as
President. The Tmt.lndirani who is also holding the office of President
has committed serious violation and in total transgression of the above
referred bye-laws.

48. ! state that in reply to my representation dated 13.3.2O2O, the 2*

respondent herein in Proceedings No.4470111212016 dated 16.3.2020
marking a copy to me, directed the 3d respondent to initiate enquiry on
my complaint and submit a report to that effect. Since there was no
enquiry by 3' respondent as per direction of 2il respondent I sent a
further representation dated 24.7.2020 to the 2d respondent herein.

49. I state that the 2* respondent herein again by his proceedings

No.4470111212016 dated 27.08.2020 marking a copy to me, directed
the 3d respondent to initiate enquiry on my complaint and submit a
report to that effect within a week's time. Subsequently though there
was a summons dated 19.9.2020 served to me from 3d respondent
directing for my personal appearance on 5.10.2020 and even after a

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detailed written submissions made on 5.10.2O2O narrating the above

irregularities and further complaints of Vice President to the 2il
respondent on 21.10.2020 and 12.11.2020 there was no consideration.
!n the above circumstances, I submitted a representation dated
28.12.2020 to the Department of Commercial Taxes & Registration,
Fort St.George, Chennai and to the respondents 2 & 3 herein seeking
for appointment of a Special Officer.

50. I in the mean time, Tmt.lndirani, as President &

state that
Secretary issued a notification for appointment of 16 Assistant
Professors in the Aided Vacancies getting government aid, herself
conducted interview by sending interview call letter dated 21.1-2021 to
all the candidates already chosen by her and herself appointed al! the
16 candidates which was acknowledged by herself in her capacity as
Presidentof all the General Body, Executive Council as well as
Governing Body of college of 5s respondent. Issuance of said
notification in her name as President & Secretary alone is in violation of
Clause-8 of duties and functions of Governing Council in the above
referred by laws, which stipulate that Governing Body Committee viz.,
Recruitment Committee constituted for the said purpose has to issue
notification for selection process by direct recruitment to the aided
vacancies maintained with the government aid. Hence the entire
recruitment process from the issuance of notification for filling up 16
Assistant Professors by Tmt.lndirani as President & Secretary alone is
illegal, invalid and abuse of her power. From the above, it is clear that
there is no elected Executive Council or properly constituted Goveming
Body for the 5h respondent educational society and Tmt.lndirani herself
alone has been exclusively managing and maintaining the same as her
family properties against the objects of bye laws, without application of
provisions of Act and Rules.

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51. I state that I have sent further representation dated 28.12.2020 to

the Department of Commercial Tax & Registration, Secretariat, Chennai
to supersede the Executive Council and Governing Council of 5h

respondent as well as 5* respondent educational agency and a

complaint dated 4.06.2021to the Hon'ble Chief Minister of Tamil Nadu
to appoint a Special Officer to rectify the irregularities and
mismanagement. Till date, there is no reply or response from the
government or its authorities.

52. Aggrieved and having left with no other alternate, speedy or

efficacious remedy, I am constrained to approach this Hon'ble Court
under N1.226 of the Constitution of lndia.

53. I state that in similar nature of complaints made against Yadhavar

Kalvi Nidhi, a registered society, running Yadhava College & Yadhava
College of Education, Tirupalai, Madurai, where there were several
litigations by and against the management, this Hon'ble Court was
pleased to appoint Hon'ble Retired Judge of the High Court of Madras
Shri S.RAJESWARAN, as Administrator in batch of writ petitions WP
(MD) Nos.14362 of 2018 etc., by a common final order dated
31.3.2021.

54. I state that the grievance of the petitioner against 5h respondent

society stands on the same footing. Hence this Hon'ble Court may be
pleased to consider appointing a Special Officer or an Administrator to
rectiff the defects in the execution and implementation of bye-laws with
regard to General Body, constitution of Executive Council by election of
Executive Members, manner of election of office bearers by contest to
hold the post of President, Vice President, Secretary & Treasurer,
constitution of Governing Body etc.,

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55. I state that I have a prima facie case and the balance of
convenience is in my favour. In the above circumstances, unless this
Hon'ble Court grants an order of interim injunction restraining the 5h
respondent herein represented by President & Secretary from
continuing its day today functions, Executive Council and Goveming
Body, pending disposal of the above writ petition, irreparable loss and
hardship will be caused to me.

It is prayed that this Hon'ble Court may be pleased to grant an

order of interim injunction restraining the 5t' respondent herein
represented by President & Secretary from continuing its day today
functions as well as functions of the Executive Gouncil and Goveming
Body, pending disposal of the above writ petition and pass such further
or other orders as this Hon'ble Court may deem fit and proper in the
circumstances of the case and thus render justice.

It is prayed that this Hon'ble Court may be pleased to issue a writ,

order or direction or any other writ in the nature of a Writ of Mandamus
to supersede the continuance of
directing the 1" respondent herein
alleged Executive Council and Goveming Body of 5h respondent
society represented by its President & Secretary as illegal, violation of
bye-laws by appointing a Special Officer to the 5' respondent and
consequently direct the Special Officer to rectify the defects in the
execution and implementation of bye-laws with regard to Genera! Body,
constitution of Executive Council by conducting election for Executive
Members, further conduct of election of office bearers by contest
among elected Executive Members to hold the post of President, Vice
President, Secretary & Treasurer in the Executive Council and for
constitution of Governing Body etc., and pass such further or other
orders as this Hon'ble Court may deem fit and proper in the
circumstances of the case and thus render justice.

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Solemnly affirmed at Madurai

this the 14th day ot June 2021
and the contents of this affidavit
having been truly and audibly
read over and explained to the
deponent in Tamil and afier
having understood the same
signed his name in my presen@ BEFORE ME

Memonandum of Wilt Petition

(Under N1.226 of the Constitution of India)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MADURAI BENCH

(Special Original Jurisdiction)

WP (MD) No. ot 2021

V.Kasi, aged 79
No.23, Gokul Nagar
AR Line Post

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Madurai 625 014. Petitioner

Versus

1 The Additiona! Chief Secretary to

Government (FAC)
Commercial Taxes & Registration (M1 )
Department
Government of Tamil Nadu
Secretariat, Chennai 600 009.

2 The !nspector General of Registration

Santhom High Road
Chennai 600 028.

3 The District Registrar of Societies

(Administration)
Madurai North
Rathinasamy Nadar Street
Madurai 625 0O2.

4 Mrs.!ndirani
Wo. E. M. G. Sou nda rarajan
EMG Bungalow
Gokhale Road
Chinna Chokkikulam
Madurai 625 O02.

5. E.M.GopalakrishnaKoneYathavar
Mahalir Kalluri Association
Rep. by its President & Secretary
Thiruppalai, Madurai 625 014. .. Respondents.
The address for service of all notices and process on the
petitioner is that of his counsel M/s.V.Janakiramulu at No.30,
Dr.Thangaraj Salai, Near Raja Muthiah Mandam, Madurai 625 020.

The address for service of all notices and process on the

respondents is the same as above.

For the reasons stated in the accompanying affidavit, it is prayed

that this Hon'ble Court may be pleased to issue a writ, order or direction
or any other writ in the nature of a Writ of Mandamus directing the 1d

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respondent herein to supersede the continuance of alleged Executive

Council and Governing Body of 5h respondent society represented by
its President & Secretary as illegal, violation of bye-laws by appointing a
Special Officer to the 5* respondent and consequently direct the Special
Officer to rectiff the defects in the execution and implementation of bye-
laws with regard to General Body, constitution of Executive Council by
conducting election for Executive Members, further conduct of election
of office bearers by contest among elected Executive Members to hold
the post of President, Vice President, Secretary & Treasurer in the
Executive Council and for constitution of Governing Body etc., and
pass such further or other orders as this Hon'ble Court may deem fit
and proper in the circumstances of the case and thus render justice.
Dated at Maduraithis the 14th day of June2021

Counselfor Petitioner

Memorandum of Writ Miscellaneous Petition

(Under Art.226 of the Constitution of lndia)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

MADURAI BENCH

(Special Original Jurisdiction)

WMP No. ot 2021

in
WP (MD) No. ot 2021

V.Kasi, aged 79
No.23, Gokul Nagar
AR Line Post
Madurai 625 014. Petitioner/Petitioner

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Versus

1 The Additional Ghief Secretary to

Government (FAC)
Commercial Taxes & Registration (Ml)
Department
Government of Tami! Nadu
Secretariat, Chennai 600 009.

2 The lnspector General of Registration

Santhom High Road
Chennai 600 028.

3 The District Registrar of Societies

(Administration)
Madurai North
Rathinasamy Nadar Street
Madurai 625 0O2.

4. Mrs.lndirani
Wo. E. M.G.Soundararajan
EMG Bungalow
Gokhale Road
Chinna Chokkikulam
Madurai 625 002. Respondents/Respondents

5. E.M.Gopalakrishna Kone Yathavar

Mahalir Kalluri Association
Rep. by its President & Secretary
Thiruppalai
Madurai 625 014. .. Respondent-5/Respondent-5

PETITION FOR INJUNCTION

For the reasons stated in the accompanying affidavit, it is prayed

that this Hon'ble Court may be pleased to grant an order of interim
injunction restraining the 5'respondent herein represented by President
& Secretary from continuing its day today functions as well as functions
of the Executive Council and Goveming Body, pending disposal of the
above writ petition and pass such further or other orders as this Hon'ble
Court may deem fit and proper in the circumstances of the case and
thus render justice.

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Dated at Maduraithis the 14th day of June 2021

Counselfor Petitioner

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