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Mr. R. Karuppan, Advocate vs Mr. P.K. Rajagopal, Secretary, The ... on 20 April, 2001

19. Mr.V.Raghavachari, learned counsel appearing for the first respondent/plaintiff in C.S.No.243 of 2011 would submit in his argument that the General Body Meeting convened on 28.02.2011 was not in conformity with the provisions of Tamil Nadu Societies Registration Act and the election notification was not published in accordance with the bye laws. He would further submit that the proceedings of the Association (W.L.A.) were conducted as per the bye-laws of the Association. He would also submit in his arguments that notice was not properly given for the Extraordinary General Meeting according to Sections 26(3) and 28 of the Tamil Nadu Societies Registration Act, the Rule 28 which would show that the rules applicable to Annual General Meeting would apply to the Extraordinary General Body Meeting also . He would further submit that the method of giving notice for such convening of General Body Meeting is enunciated under section 25(2) of the said Tamil Nadu Societies Registration Rules and such mode of giving notice was not adopted for the Extraordinary General Meeting convened on 28.2.2011 and therefore, the election process said to have been commenced from the date of such meeting has not begun at all and therefore, the Returning Officers said to have been appointed in the said General Body Meeting are also not sustainable. He would also draw the attention of the Court to the judgement of this Court reported in 2001 (3) CTC 486 (R.Karuppan, Advocate v. P.K.Rajagopal, Secretary, Advocates' Assocation, High Court ) in support of his arguments. He would further submit that reasonable persons were appointed to scrutinise the nominations and the election to be conducted by W.L.A. and therefore, there is no harm in upholding the learned single Judge's order in not entrusting the Returning Officers appointed by the Extra-ordinary General Body Meeting held on 28.2.2011, to conduct the elections .
Madras High Court Cites 5 - Cited by 14 - A K Rajan - Full Document
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