S.D.Manohar Kumar Lodha v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.09.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No. 29899 of 2018 Shri S.D.Manohar Kumar Lodha ... Petitioner versus
1. The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
2. Registrar of Societies, South Chennai, Office of he Societies Registration, No.9, Jennis Road, Saidapet, Chennai 600 015.
3. Sri.S.S.Jain Educational Society, represented by its President No.3, Madley Road, T.Nagar, Chennai -17.
4. Sri.S.S.Jain Educational Society, represented by its Hon.Secretary General, No.3, Madley Road, T. Nagar, Chennai-17.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 and 2 to conduct election of the third and fourth respondents having its registered office at No.3, Madley Road, T. Nagar, Chennai-17.
For Petitioner : Mr. M. Sunilkumar For Respondents: Mr. Stalin Abhimanyu for R1 & R2 Mr. Ralph V. Manohar - R3 & R4
ORDER
According to the petitioner, Sri Swetambar Stanakwasi Jain Educational Society, was established for the purpose of educational advancement to the Jain community. As per the information received through right to information, the respondents 1 and 2 are not exercising their control and supervision over the society; the society is acting in accordance to whims and fancies; and even after completion of tenure, it is not conducting any fresh elections nor furnishing any list of members, accounts or whatsoever as per bye law. Further, the respondents 1 and 2 are not taking any action or conducting any enquiry against the said society. The representation sent by the petitioner in this regard, to the respondents 1 and 2, yielded no response. Therefore, the present writ petition came to be filed by the petitioner seeking a mandamus, directing the respondents 1 and 2 to conduct election of the respondents 3 and 4 having its registered office at No.3, Madley Road, T.Nagar, Chennai - 600 017.
2.Today, when the matter was taken up for consideration, the learned counsel for the petitioner and the respondents jointly submitted that pointing out the same set of facts and circumstances, the petitioner filed a petition before the Division Bench of this court, which passed an order for conduct of election of the said society. However, the said order was not complied with by the respondents 1 and 2, which leading to file a contempt petition and the same is pending.
3.In view of the above stated position, this court is of the opinion that no further orders need be passed in this writ petition, Hence, the same is closed. No costs. Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar msr To
1. The Inspector General of Registration, Office of the Inspector General of Registration, No.100, Santhome High Road, Chennai 600 028.
2. Registrar of Societies, South Chennai, Office of he Societies Registration, No.9, Jennis Road, Saidapet, Chennai 600 015. W.P.No. 29899 of 2018 RSV[CO] SRG 22/10/2021