1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8295 of 2011 The Dr.Zakir Hussain College Society, Ilayangudi, Sivagangai District, rep. By its Secretary cum Correspondent, V.M.Jafarulla Khan : Petitioner Vs. The District Registrar (Societies), The District Registrar Office, Sivagangai, Sivagangai District. : Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the respondent to consider and pass orders on the petitioner's application dated 27.06.2011 to register the resolution passed on 26.06.2011 with regard to the election of office bearers to the Executive Committee in the General Body Meeting of the petitioner's Society and make necessary entries on the records of the respondent. For Petitioner: party-in-person For Respondents: Mr.S.Chandrasekar Additional Government Pleader ORDER The petitioner Mr.V.M.Jafarulla Khan, party-in-person appeared. Claiming himself to be the Secretary of the Dr.Zakir Hussain College Society, Ilayangudi, Sivagangai District, he has filed the writ petition for a mandamus directing the respondent to consider and pass orders, on his application dated 27.06.2011, to register the resolution passed on 26.06.2011 with regard to the election of office bearers to the Executive Committee in the General Body Meeting said to have been conducted on 26.06.2011. 2. According to him, the abovesaid college was started in the year 1971. It is recognized as a minority institution. The Management Committee has been elected on the basis of a general body meeting. It is his further contention that on 26.06.2011, a general body meeting was conducted and 370 members were present. The majority members approved the election of 11 Executive members, who were elected as per Rule 10 sub-rule 6 of the Societies Registration Act, 1947, by the President of the Society. The petitioner was elected as the Secretary cum Correspondent and one Mr.S.A.M.Abdul Ahadh was elected as the Treasurer. Mr.A.A.Mohamed Subair was elected as President. 8 other Executive committee members and Office Bearers were also elected. Denial to https://hcservices.ecourts.gov.in/hcservices/ 2 accept and register the resolution, in connection with the election, passed on 26.06.2011 in the general body meeting, has necessitated the writ petitioner to approach this Court for a mandamus. 3. As per provisions laid down in the Tamil Nadu Societies Registration Act, 1975, the election has to be registered with the respondent and therefore, on 27.06.2011, the petitioner made a representation to the District Registrar (Societies), Sivagangai District. 4. It is the contention of the petitioner that the said representation has not been considered sofar. Consequently, teaching and non-teaching staff of the College and interests of the students are affected. In the abovesaid circumstances, the petitioner has come forward with this writ petition for the relief stated supra. 5. Considering the above facts, Mr.Mohammed Mohideen, learned Additional Government Pleader was put on notice. He submitted that if the said representation dated 27.06.2011, has been acknowledged and pending, appropriate orders would be passed. The submission of the learned Additional Government Pleader is placed on record. 6. Heard the parties and perused material on record. 7. Considering the aforesaid facts and the submissions advanced, this court, without expressing any opinion on the merits of the case, seems it fit to direct the District Registrar (Societies), Sivagangai District to consider the representation dated 27.06.2011 of the writ petitioner, if acknowledged and still pending on file and pass orders in accordance with the provisions of TamilNadu Societies Registration Act, 1975. It is also made clear that if there are objections and rival claims made by any other interested person, in the Management and Administration of Dr.Zahir Hussain College Society, Ilayangudi, the same shall also be taken note of, at the time of passing appropriate orders. The respondent shall call for all the particulars, required to prove that there was an election conducted on 26.06.2011, as pointed by the petitioner. A comprehensive consideration of all the objections and material on record, would avoid further litigation on the subject. The abovesaid exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 8. Accordingly, this writ petition is ordered. No costs. ` Sd/- Assistant Registrar (Crl.Side) /True Copy/ Sub Assistant Registrar To The District Registrar (Societies), District Registrar Office, Sivagangai, Sivagangai District. +1 CC to Special Government Pleader (SR.No.28848) vs W.P.(MD)No.8295 of 2011 NSV/7.9.11/2P/3C 19.08.2011 https://hcservices.ecourts.gov.in/hcservices/