Selvakumar C v. The District Registrar (Societies)
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025
CORAM:
THE HONOURABLE MR.JUSTICE C.SARAVANAN and W.M.P.(MD)No.16514 of 2025 C.Selvakumar ... Petitioner -vs1.The District Registrar (Societies), Madurai North Registration District, Madurai.
2.The Election Officer, Madurai Bench High Court Advocates Association (MBHAA), High Court Campus, Madurai - 625 023.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the first respondent to intervene in the dayto-day affairs of the second respondent's Association by appointing a Special Officer to conduct the election in accordance with the bye-laws of the second respondent's Association, based on the petitioner's detailed representation dated 30.07.2025, submitted to the first respondent in person.
For Petitioner : Mr.K.Kannan For R1 : Mr.G.Suriyananth Additional Government Pleader For R2 : Mr.B.Saravanan Senior Counsel
ORDER
This Writ Petition has been filed seeking a direction to the first respondent to intervene in the day-to-day affairs of the second respondent's Association by appointing a Special Officer to conduct the election in accordance with the byelaws of the Association, based on the petitioner's detailed representation dated 30.07.2025, which was submitted to the first respondent in person.
2. The representation dated 30.07.2025 has purportedly been filed before the first respondent under Section 34 of the Tamil Nadu Societies Registration Act, 1975 [hereinafter referred to as ''the Act'']. Section 34 of the Act reads as follows:- ''34. Power of Registrar to call for information or explanation.-
(1) Where the Registrar, on perusal of any document which a registered society is required to file with him under the provisions of this Act, is of opinion that any information or explanation is necessary with
respect to any matter to which such document purports to relate, he may, by order in writing, call on the registered society filing the document to furnish in writing such information or explanation within such time as he may specify in the order.
(2) On receipt by the registered society of an order under subsection (1), it shall be the duty of all persons who are or have been its officers to furnish such information or explanation to the best of their power.
(3) On receipt of such information or explanation, the Registrar, may annex the same to the original document filed with him and any additional document so annexed by the Registrar shall be subject to the like provisions as to inspection and the taking of copies, as the original document is subject.''
3. The petitioner has approached this Court at the eleventh hour in an attempt to stall the election that was announced by the Madurai Bench of the High Advocates' Association (MBHAA).
4. The petitioner claims to be a life member of the said Association. According to him, the election is being conducted irregularly, without proper preparation of the electoral roll and without the participation of the members of the General Body of the opposing Association. Furthermore, the petitioner
submits that, in response to a complaint he filed with the second respondent on 29.07.2025, the second respondent has declined to take any action. The complaint concerns Advocate Navaneetha Raja, who, according to the petitioner, has appeared in a case against him in a family dispute with his relative. The petitioner alleges that the said Advocate has created fabricated documents and requests that the second respondent disqualify him from standing for election. The petitioner also claims that the said Advocate has used his caste status to threaten the petitioner, asserting that the petitioner would be decimated once elected to the post.
5. While the petitioner's complaint to the second respondent was limited to alleged misconduct by Advocate Navaneetha Raja, in the Writ Petition, the petitioner broadened his allegations to argue that the proposed election, scheduled for 07.08.2025 (tomorrow), is being conducted without due notice to the members of the second respondent Association. He further claims that names of several members have been deleted from the voters list; that the staff of the second respondent Association are serving only the needs of the office bearers; and that there is a tendency of caste bias and domination within the Association.
6. When the Writ Petition came up for admission on 05.08.2025, this Court directed the respondents to provide details of the previous election, as well as information on the steps taken for the issuance of the electoral notice, preparation of the voters list and other related procedures.
7. The case was heard in detail today. The petitioner contends that the second respondent Association is not a registered society, as the details of the registration of the office bearers have not been displayed in the office of the second respondent.
8. Heard the learned counsel for the petitioner, the learned Additional Government Pleader for the first respondent and the learned Senior Counsel for the second respondent. I have also perused the bye-laws of the Association.
9. It is noted that the second respondent Association was registered under the provisions of the Tamil Nadu Societies Registration Act, 1975, on 05.09.2014, as per the certificate of registration bearing Sl.No.131/2014 in Form - II under Section 10 of the said Act.
10. The bye-laws contemplate the Association's body consisting of the General Body and the Executive Committee. It stipulates the qualifications for enrollment of members, the admission process, classification, subscription, cancellation, and other provisions relating to the removal of members, as well as the General Body meeting, Extraordinary General Body meeting, Emergent meeting of the General Body, and the constitution of the Executive Committee.
11. A reading of the bye-laws indicates that the said Association is to be administered by the President, Vice President, Secretary, Joint Secretary, Treasurer, Librarian, and 12 Executive Committee Members. The proposed election is for the positions of President, Vice President, Secretary, Joint Secretary [two posts], Treasurer, and the 12 Executive Committee Members.
12. The private dispute between the petitioner and Advocate Navaneetha Raja, who is contesting for the post of Treasurer, cannot be a reason to stall the election scheduled for 07.08.2025. The petitioner, being a member of the Association, is entitled to participate in the election. If the petitioner believes the election is being conducted irregularly or contrary to the bye-laws, or if copies of
the bye-laws were not provided, it is open to the petitioner to challenge the election through appropriate legal forum, by filing a civil suit before the Civil Court.
13. Merely because the petitioner has a personal dispute with Mr.Navaneetha Raja, who represents the petitioner's relative and allegedly caused distress to the petitioner, does not, by itself, constitute any grounds for countermanding the election. If the petitioner is aggrieved by the actions of the said Navaneetha Raja, he is not without remedy. The petitioner may initiate proceedings before the Bar Council of Tamil Nadu and any other persons named. If any caste-based slurs were allegedly made, the petitioner may approach the competent authorities in accordance with law.
14. It is not open to the petitioner to stall the election merely because he fears that Navaneetha Raja may be elected as Treasurer, whether through contest or is elected unopposed, during the election scheduled for 07.08.2025.
15. In my view, the petitioner has neither established a case for interference with the election process nor demonstrated the need for the first respondent to exercise powers under Section 34 of the Tamil Nadu Societies Registration Act, 1975.
16. In the light of the above, the Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : Yes / No 06.08.2025 Index : Yes / No smn2 To:- 1.The District Registrar (Societies), Madurai North Registration District, Madurai.
2.The Election Officer, Madurai Bench High Court Advocates Association (MBHAA), High Court Campus, Madurai - 625 023.
C.SARAVANAN , J.
smn2 W .P.(MD)No.21380 of 2025 06.08.2025