G.Mohan v. The District Registrar(Societies)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2020
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD) No.6298 of 2020 (Through Video Conferencing) G.Mohan ... Petitioner Vs.
1.The District Registrar (Societies), Administration, Madurai South, Madurai.
2.Madurai Ayira Vysya Manjaputhur Mahajana Sabhai, 17, East Marret Street, Madurai - 625 001, Represented through its Secretaries.
3.V.K.P.Baskaran, President, Madurai Ayira Vysya Manjaputhur Mahajana Sabhai, 17, East Marret Street, Madurai - 625 001.
...Respondents
Prayer:- Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 1st respondent to consider the petitioner's representation dated 05.06.2020 to take appropriate action for ensuring to enroll new members, to extend the time of enrollment of new members and to conduct the fair and free election by appointing the 1st respondent or any receiver, advocate commissioner to conduct the election for the 2nd respondent's Sabhai as per bye laws before 06.08.2020. For Petitioner : Mr.Prabhu Rajadurai for Mr.T.Balarathinakumar For R1 : Mrs. J.Padmavathi Devi Special Government Pleader For R2 & R3 : Mr.Parthiban Rajaraman.
O R D E R
Heard the learned counsels for the petitioner, the learned counsel for the 2nd & 3rd respondents and the learned Special Government Pleader appearing for the 1st respondent. Page No 1 of 3
2. This Writ Petition has been filed for a limited prayer to consider the consider the petitioner's representation dated 05.06.2020 to take appropriate action for ensuring to enroll new members, to extend the time of enrollment of new members and to conduct the fair and free election by appointing the 1st respondent or any receiver, advocate commissioner for the 2nd respondent's Sabhai as per bye laws before 06.08.2020
3. It is mentioned that under the bye laws of the 2nd respondent Sabhai, the subscription has to be paid between 1st April and 3rd May of each year. Only members who have paid the subscription fees are eligible to participate in the election of the 2nd respondent Sabhai.
4. Considering the fact that the Central Government had imposed the lock down due to Covid-19 pandemic with effect from 24.03.2020 which has been extended by the State Government for Madurai and few other districts as on date with certain relaxation, I am therefore inclined to extend the time for payment subscription fees to be paid based on the submissions of the learned counsel for the 2nd and 3rd respondents that the 2nd respondent will receive the subscription fees. Accordingly, the time is extended till 15.07.2020 for the members and the prospective members to pay the subscription fees by 15.07.2020.
5. In case the lock down is further extended before 15.07.2020, the time shall stand extended sine die for a period of ten days after the lifting of the lock down. The 2nd respondent Sabhai shall receive the subscription fees from such persons and members.
6. The 2nd respondent Shabai shall thereafter take appropriate steps to conduct the free and fair election in accordance with provisions of the bye laws of the 2nd respondent Shabai.
7. With the above directions, the present Writ Petition stands disposed of. No cost. Consequently, connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar (Records) // True Copy // / /2020 Sub Assistant Registrar(CS) jen Page No 2 of 3
Note: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To:
1.The District Registrar (Societies), Administration, Madurai South, Madurai.
30.06.2020 KB(07.07.2020) 3P 2C Page No 3 of 3