V.Suresh Kumar vs The District Registrar on 20 December, 2022
4.The respondents have filed counter affidavits. Their primary
contention is that these writ petitions are not maintainable. They rely on the
order dated 23.02.2022 passed by the Hon'ble Division Bench in W.A Nos.251,
253 and 254 of 2020 & O.S.A Nos.79 to 83 of 2020 (South Indian Artistes
Association v. The Registrar of Societies) and the order dated 09.06.2022
in WP(MD)No.11290 of 2022 passed by me. The learned Senior Counsel for
https://www.mhc.tn.gov.in/judis
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the contesting private respondents placed heavy reliance on the recent
decision of the Hon'ble Apex Court in 2022 SCC OnLine 1091 (St.Mary's
Education Society and another vs. Rajendra Prasad Bhargava and ors).
He would argue that some of the members had already filed a civil suit
challenging their expulsion. They withdrew the suit unconditionally. They had
not obtained liberty. Having already availed the common law remedy and not
pursued the same, it is not open to them to file the present writ petitions. His
third contention is that the election process has already commenced and
therefore, it would not be proper for this Court to interfere at this stage. He
would also point out that the earlier order passed by this Court in respect of
the very same society is subject matter of challenge in WA(MD)Nos.1013 and
1211 to 1219 of 2022. He pressed for dismissal of these writ petitions.