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A.Nos.686 & 687 of 2020 IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on Delivered on 04.03.2022 10.08.2022 CORAM THE HONOURABLE MR.JUSTICE P.VELMURUGAN O.A.Nos.686 & 687 of 2020 in C.S.No.364 of 2020 The Suit in C.S.No.364 of 2020 has been filed by the Plaintiff to declare that By-law 44 of the third respondent society (Madras Medical Mission) insofar as it bars the members of the society by casting their vote through proxy as illegal, null and void, as the same is contrary to the provisions of the Tamil Nadu Societies Registration Act, 1975, and consequential mandatory injunction has also been prayed for in the suit for the conduct of the election for selection of the members to the Governing Board of the society allowing the members of the society to the cast their vote either in person or through proxy.

The election of members to the Governing Board of the 3rd respondent Society was periodically held during the last years namely 2017, 2018 & https://www.mhc.tn.gov.in/judis A.Nos.686 & 687 of 2020 2019. In the elections, as per By-law 44 of the Society, proxy voting system was not allowed, which is contrary to the provisions of the Tamil Nadu Societies Registration Act, 1975 and also the law laid down by this Court. Therefore, the suit has been laid to declare the By-law 44 as illegal and void.

4. During September 2020, seven (7) members of the Governing Board retired after completion of 3 years tenure in terms of the provisions of the By-laws. Consequent upon their retirement, the Interim Secretary of the 3rd respondent Society issued notice on 12.11.2020 in terms of By-law 42 calling for nomination to fill up 7 vacancies and the last date for filing of nomination was stated to be of 26.11.2020. In the communication, it was further stated that the election will be held during the 30th Annual General Meeting, the date, venue and the time will be intimated later. The applicant is more than 90 years old and many members are more than 70 years old and they will be in a position to physically present and vote in the Annual General Meeting for electing the members of the Governing Board. Therefore, the grievance of the applicant is that the members of the 3rd respondent Society are being prevented from casting their vote through proxy in view of the prohibition as contained in By-law 44 of the Society, their participation in the https://www.mhc.tn.gov.in/judis A.Nos.686 & 687 of 2020 Annual General Meeting would be denied despite they being the life members of the Society. Hence, the applicant has filed the present Suit to declare that By-law 44 of the third respondent society insofar as it bars the members of the society by casting their vote through proxy as illegal, null and void, as the same is contrary to the provisions of the Tamil Nadu Societies Registration Act, 1975.

(c) for upholding the judicial supremacy.

https://www.mhc.tn.gov.in/judis A.Nos.686 & 687 of 2020

14. Heard the learned counsel appearing for both the parties and perused the materials placed on record.

15. The Madras Medical Mission is the Society registered under the provisions of the Tamil Nadu Societies Registration Act, 1975. Out of 21 members of the Governing Body of the society, seven (7) members of the Board retire every year by rotation after completing three years term and therefore elections have to be conducted during Annual General Meeting to fill up the vacancies, which will have to be elected by the members of the Governing Board of the third respondent society. In the elections, proxy voting was not allowed in view of the specific bar as contained in By-law 44 of the society. In this regard, the applicant has contended that such By-law 44 was contrary to the provisions of the Tamil Nadu Societies Registration Act, and law laid down by this Court. In the said circumstances, the Suit has been filed to declare the By-law 44 as illegal and void. Along with the Suit, Application in O.A.No.686 of 2020 has been filed for a direction to the third respondent society to conduct election, pending finalisation of the suit. https://www.mhc.tn.gov.in/judis A.Nos.686 & 687 of 2020