NADAR MAHAJAN SANGAM S. VELAICHAMY NADAR KALLOORI AND ORS. versus DISTRICT REGISTRAR (SOCIETIES AND ORS.)

Citation: [1997] 3 S.C.R. 690 · Decided: 07-04-1997 · Supreme Court of India · Bench: K. RAMASWAMY, D.P. WADHWA · Disposal: Leave Granted & Disposed off
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Judgment (excerpt)

A 
B 
NADAR MAHAJAN SANGAM S. VELAICHAMY 
NADAR KALLOORI AND ORS. 
v. 
DISTRICT REGISTRAR (SOCIETIES AND ORS.) 
APRIL 7, 1997 
[K. RAMASWAMY AND D.P. WADHWA, JJ.) 
Tamil Nadu Societies Registration Act, 1975 : 
C 
Society-N.M.S.S. Vellaichamy Nadar College-Expiry of term of 
Society Committee-Elections 1101 held-Suit-Trial Judge directing the 
Registrar to co11duct e11qui1y--!n the meanwhile in the writ petition filed, High 
Court held that Trial Judge abdicated his judicial functioni11g by directi11g the 
Registrar to conduct a11 e11quiry-Appeal before Supreme Court-Direction 
D issued to Tlial Court to appoi11t Local Com111issio11e1-Commissioner to con-
duct electio11s afresh in accorda11ce with law-The Tlial Court shall pass 
approp1iate orders in the light of the report of the Conu.11issio11er and dfapose 
of the suit accordi11gly. 
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2880-82 
E of 1997. 
F 
G 
From the Judgment and Order dated 9.1.97 of the Madras High 
Court in C.M.A. No. 843/96, W.P. Nos. 9771 and 12007 of 1996. 
Kapil Sibal, D.D. Thakur, P.P. Rao V. Laxminarayan, Ms. Bina 
Gupta and Ms. Rakhi Ray for the Appellants. 
S. Siva Subramaniam, S. Subbaiah and K.V. Vijayakumar for the 
Respondents. 
The following Order of the Court was delivered : 
Leave granted. 
These appeals by special leave arise from the judgment of the 
Division Bench of the Madras High Court, made on January 9, 1997 in 
H CMA No. 843/96 and WP Nos. 9771and12007/96. 
690 
..... 
N. M. S.S. VELAICHAMY NADAR KALLOORI v. DIS1T. REGISTRAR (SOCIETIES) 691 
N.M.S.S. Vellaichamy Nadar College was established by Nadar A 
Mahajan Sangam in the year 1965 and election to the Society which runs 
the college, is the bone of the contention. Untrammeled by procedural 
formats and its ramifications in the process of election, the heart of the 
matter is good management of the college. Who is entitled to run the 
institution and administer property of the said institution is the crux of the B 
question. It is not in dispute that though the term of the previous Society 
Committee expired on March 31, 1966, elections could not be held for one 
reason or the other. As a consequence, at the pain of the entrustment of 
the management to the third agency, elections came to be held on June 9, 
1996, which proved to be an abortive attempt. Consequent thereon, a 
complaint was made to the Registrar in Form No. 7 on June 12, 1996. An C 
enquiry appears to have been held by the Registrar which failed in the 
process from legal perspectives but the report was submitted on June 19, 
1996. In the meanwhile, OS No. 417/96 was filed for perpetual injunction. 
An interim mandatory injunction was issued in I.A. No. 292/96 directing 
the Di~trict Registrar appointed under the Tamil Nadu Societies Registra- D 
tion Act, 1975 (for short, the 'Act') to find out factual position and then to 
submit the report. In the meanwhile, writ petitions came to be filed. 
Ultimately, the Division Bench came to the conclusion that the learned trial 
Judge had abdicated his functioning as an adjudicatory authority; he should 
have recorded the evidence and the findings by himself. Instead, he 
directed the Registrar to conduct an enquiry and, thereby it is a case of E 
abdication of judicial functioning. Accordingly, the impugned order was 
passed. 
We have heard learned counsel for both the parties. With a view to 
shorten the litigation, the appropriate course would be as under : 
F 
The Civil Court is directed to appoint an Advocate as a Commis-
sioner. The Advocate-Commissioner would take all the members of the 
Society existing as on May 14, 1996 as valid members. He should conduct 
the elections afresh in accordance with the procedure prescribed under the 
bye-laws of the Society. Till the elections are held, the Principal shall G 
continue to hold charge of the management of the institution and will act 
as Receiver of the Court under Order XL,· Rule 1, CPC. He shall be 
answerable to the Court. On receipt of the report from the Advocate-Com-
missioner, the civil Court shall pass appropriate orders in the light of the 
report thus submitted and dispose of the suit accordingly. The expenditure H 
692 
SUPREME COURT REPORTS 
(1997] 3 S.C.R. 
A incurred and fees of the Advocate-Commissioner should be as determined 
by the civil Court. Elections are directed to be conducted within " neriod 
of six weeks from the date of the appointment of the Advocate-Conrtnis-
sioner by the trial
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