Rani v. Hockey Unit Of Tamilnadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 24.04.2023 CORAM :
THE HONOURABLE MR. JUSTICE M. DHANDAPANI and W.M.P.Nos.13915 of 2022 & 12429 of 2023 Rani ... Petitioner in W.P.No.14712 of 2022 Hockey Unit of Tamil Nadu, (Reg.No.220/2011) represented by its President Sekar J.Manoharan, Having office at Room No.1, Mayor Radhakrishnan Hockey Stadium, Gandhi Irwin Road, Egmore, Chennai - 08.
... Petitioner in W.P.No.132 of 2023 Vs.
1.Hockey Unit of Tamil Nadu, functioning at Room No.1, Mayor Radhakrishnan Hockey Stadium, Egmore, Chennai - 600 008, represented by Sekar J.Manoharan, as its President 2.Senthil Rajkumar, Vice President, Hockey Unit of Tamil Nadu, functioning at Room No.1, Mayor Radhakrishnan Hockey Stadium, Egmore, Chennai - 600 008.
3. Hockey India, 1/10
functioning at B-1/E14, Gound Floor, Mohan Co-operative Industrial Estate, 1 km. ahead of Metro Station, Madura Road, New Delhi - 110 044, India, represented by its Secretary 4.Tamil Nadu Olympic Association, No.78, Jawaharlal Nehru Stadium, Syden Hams Road, Periyamet, Chennai - 600 003.
... Respondents 1 to 4 in W.P.No.14712 of 2022 5.The District Registrar, office of the District Registrar, No.182, Bharathi Road, Royapettah, Chennai - 600 014.
... 5th Respondent in W.P.No.14712 of 2022 & Respondent in W.P.No.132 of 2023 Prayer in W.P.No.14712 of 2022: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the issue of order dated 26.03.2022 duly issued by the Hockey Unit of Tamil Nadu functioning at Room No.1, Mayor Radhakrishnan Hockey Stadium, Egmore, Chennai - 600 008, represented by Sekar J.Manoharan, as its President, the first respondent herein and quash the same and direct the respondents 1 and 2 from conducting any Annual General Body scheduled to be held on 24.04.2022 on Sunday at Krishna Mahal, Udumalpet, Tiruppur district or any date thereafter at any other place.
Prayer in W.P.No.132 of 2023: Writ Petition filed under Article 226 of 2/10
the Constitution of India for issuance of a Writ of Mandamus, directing the respondent to consider petitioner proposal of renewal dated 28.04.2022 and 28.11.2022 with respect to Annual General Body held on 24.04.2022 & 08.09.2022 respectively and direct the respondent to take the same on file for all purposes within the stipulated time as fixed by this Court.
W.P.No.14712 of 2022 :
For Petitioner : Mr.D.Ashok Kumar For Respondents : M/s.S.Chellapandi[R1] No appearance [R2] M/s.R.Ganesh Kanna [R4] Mr.U.Baranidharan Additional Government Pleader [R5] W.P.No.132 of 2023 :
For Petitioner : M/s.S.Chellapandi For Respondent : Mr.U.Baranidharan Additional Government Pleader ***** COMMON ORDER Since the issue raised in both the writ petitions is one and the same, with the consent of the learned counsel appearing for both sides, these writ petitions were heard together and disposed of by this common order.
2. Though the petitioner filed W.M.P.No.12429 of 2023 in 3/10
W.P.No.132 of 2023 seeking to fix an early date for hearing of the said writ petition, he consented for the disposal of the main writ petitions in W.P.Nos.14712 of 2022 and 132 of 2023 itself.
3. Case of the petitioner in W.P.No.14712 of 2022 : The petitioner is an Woman Representative of Virudhunagar Hockey Association and one of the member Units of the Hockey Unit of Tamil Nadu-first respondent herein affiliated to Hockey India, New Delhi. The Hockey Unit of Tamil Nadu is a registered society vide Registration No.220 of 2011 and the said society is discharging its functions towards Hockey Development and for its promotion throughout Tamil Nadu. Since the Hockey Unit of Tamil Nadu is registered under the provisions of the Societies Act, the Rules and Regulations as laid down in the Societies Registration Act are squarely applicable. As per the bye-laws of the first respondent, there must be an open and transparent election once in three years. First election has been in the year 2015 and second in the year 2019, and it is seen that there between the two elections, there is a delay of one or more year and no elections have been conducted after 2019. The office bearers who have been elected in the year 2019 are continuing in 4/10
their posts inspite of the fact that the elections held in the year 2019 is not in order as per the Rulings of the District Registrar of Societies, the fifth respondent herein. In such circumstances, the first respondent had called for the Annual General Body Meeting in its letter dated 26.03.2022 claiming that an Annual General Body Meeting meant for 2020 - 21 of the first respondent will be held on 24.04.2022. Challenging the same, the above writ petition is filed before this Court.
4. Case of the petitioner in W.P.No.132 of 2023 : The Hockey Unit of Tamil Nadu (hereinafter called as 'HUT') is a prestigious association administering the Hockey in the State of Tamil Nadu. It is an affiliated unit of Hockey India, New Delhi (hereinafter called as 'HUTN'). While so, HUT called for the Annual General Body Meeting in its letter dated 26.03.2022 claiming that an Annual General Body Meeting meant for 2020 - 21 will be held on 24.04.2022. Challenging the same, one Rani filed a writ petition in W.P.No.14712 of 2022 before this Court and the same is pending. Since no stay has been granted in the said writ petition, the petitioner has conducted the Annual General Body Meeting on 24.04.2022 and submitted a proposal on 28.04.2022 before the 5/10
respondent for renewal, which is still pending. In the said circumstances, one Renugalakshmi, who has been suspended from the petitioner's Association, has filed a Civil Suit in C.S.No.186 of 2022 before this Court along with Original Application in O.A.No.584 of 2022 challenging the notice dated 24.04.2022 for the Annual General Body Meeting to the subsequent year viz., 2021 - 2022 along with election notification. The said Original Application has been dismissed by this Court and permitted the petitioner to conduct election of HUT. In the above situation, the HUT conducted Annual General Body Meeting along with election of HUT on 08.09.2022 and sent a detailed proposal of the Annual General Body Meeting minutes dated 08.09.2022 on 28.11.2022. However, the respondent has not taken on file the proposal, since the earlier proposal of renewal dated 28.04.2022 was pending in view of the pendency of W.P.No.14712 of 2022. Hence, the above writ petition is filed before this Court for appropriate directions.
5. The learned counsel for the petitioner in W.P.No.14712 of 2022 submits that, the Rules and Regulations laid down in the bye-laws has not been strictly followed and the directives issued by the High court in a 6/10
landmark judgment in W.P.No.3447 of 2019 has also not been followed. He also submits that, without quorum, Annual General Body Meeting cannot be convened. Accordingly, he prays for appropriate orders.
6. Though very many grounds have been raised, the learned counsel for the petitioner in W.P.No.132 of 2023, submits that, it would suffice, if this Court, issues a direction to the respondent to consider the petitioner's proposal of renewal dated 28.04.2022 and 28.11.2022 with respect to Annual General Body held on 24.04.2022 and 08.09.2022 respectively, within a time frame that may be stipulated by this Court.
7. Heard the learned counsel appearing for the parties in both the writ petitions and perused the materials available on record.
8. Pursuant to the impugned letter dated 26.03.2022, General Body Meeting was conducted on 24.04.2022 and 08.09.2022 respectively. This Court, is of the view that, if at all the petitioner in W.P.No.14712 of 2022 has any grievance with regard to the conduct of the General Body Meeting, she has to ventilate her grievance before the 7/10
appropriate authority seeking appropriate relief. Instead of approaching the appropriate authority, filing W.P.No.14712 of 2022 is not sustainable. Hence, this Court, is not inclined to grant the relief sought for by the petitioner.
9. Since W.P.No.14712 of 2022 is dismissed, this Court is inclined to direct the respondent in W.P.No.132 of 2023 to consider the petitioner's proposal of renewal. Accordingly, the respondent in W.P.No.132 of 2023 is directed to consider the petitioner's proposal of renewal dated 28.04.2022 and 28.11.2022 with respect to Annual General Body Meeting held on 24.04.2022 and 08.09.2022 respectively and pass appropriate orders, on merits and in accordance with law, if there is no legal impediment, within a period of four (4) weeks from the date of receipt of a copy of this order.
10. In the result, W.P.No.14712 of 2022 is dismissed and W.P.No.132 of 2023 is disposed of with the aforesaid direction. No costs. Consequently, the connected miscellaneous petitions are closed. 8/10
24.04.2023 Index : Yes / No (2/2) Speaking order / Non-speaking order sp To The District Registrar, office of the District Registrar, No.182, Bharathi Road, Royapettah, Chennai - 600 014.
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M.DHANDAPANI, J.
sp and W.M.P.Nos.13915 of 2022 & 12429 of 2023 24.04.2023 (2/2) 10/10