Case Note & Summary
The petitioner, Mathew Jebasingh, the Secretary of Mukuperi Pragasapuram India Ega Retchagar Sabai (a society registered in 1956), filed a writ petition under Article 226 of the Constitution of India seeking a Mandamus to direct the first respondent (District Registrar) to instruct the second respondent (President of the Society) not to conduct an extraordinary General Body Meeting based on a notice dated 09.01.2025. The petitioner alleged that the second respondent issued the notice without following the procedure and rules, particularly without 21 days' prior notice as required by the Bye Laws, and without a requisition from 25 members under Section 28 of the Tamil Nadu Registration Act. The petitioner also submitted a representation to the first respondent on 11.01.2025, which was pending. The second respondent's counsel submitted that the meeting was postponed to 30.01.2025, thus complying with the 21-day notice requirement, and argued that the writ petition was not maintainable, relying on a Division Bench judgment in Namakkal Taluk Lorry Owners Association vs. K.Nallathambi. The court, after hearing both sides, held that the society is not a 'State' under Article 12 and internal disputes of a registered society are not amenable to writ jurisdiction under Article 226. The court dismissed the writ petition as not maintainable, granting liberty to the petitioner to avail alternative remedies under the Tamil Nadu Societies Registration Act, 1975 or before a civil court.
Headnote
A) Constitutional Law - Writ Jurisdiction - Maintainability - Article 226 of the Constitution of India - Writ of Mandamus - The court held that a writ petition against a notice issued by the President of a registered society for an extraordinary General Body Meeting is not maintainable, as the society is not a 'State' under Article 12 and internal disputes are not amenable to writ jurisdiction. (Paras 7-9) B) Society Law - Internal Disputes - Remedy - Tamil Nadu Societies Registration Act, 1975, Sections 26(4), 28 - The court observed that the petitioner has an alternative remedy under the Act, including approaching the Registrar or filing a civil suit, and dismissed the petition with liberty to avail such remedies. (Paras 8-9)
Issue of Consideration
Whether a writ petition under Article 226 of the Constitution of India is maintainable to challenge a notice issued by the President of a registered society for an extraordinary General Body Meeting.
Final Decision
Writ petition dismissed as not maintainable. Petitioner granted liberty to avail alternative remedies under the Tamil Nadu Societies Registration Act, 1975 or before a civil court.
Law Points
- Writ of Mandamus not maintainable against private society
- Internal disputes of registered societies not amenable to writ jurisdiction
- Alternative remedy under Tamil Nadu Societies Registration Act
- 1975
