TODHUNTER NAGAR RESIDENTS ASSOCIATION Vs. S SELLAPPAN

JUDGEMENT

(1.) -This revision is filed by a third party to a suit, who feels aggrieved by a decree of the lower court.

(2.) The relevant facts which compelled the petitioner to come up to this court under Article 227 of the Constitution of India, may be summarised thus : Petitioner is an Association formed for the welfare of the residents of Todhunter Nagar, Chennai, and the same was registered under the Societies Registration Act. As per the Byelaws of the Society, election is to be held every year for which nomination is to be called for, and after appointing Election Officers, and if election is necessitated, the voting Will be by secret ballot. Third respondent in this revision is the elected Secretary of the Association, and it is said that the election was not being 9onducted for years together and consequently disputes arose between the Members of the Association. In order to settle the disputes, taking into consideration the welfare of the Association, a general body meeting was held on 27.1.1996, to elect the office-bearers as per Byelaws.

(3.) A general body meeting was held on 27.1.1996 only to consider the conditions for the election and also to take out other affairs for holding the election. But in that meeting, a set of people declared themselves as officebearers of the Association. One Premanandha Perumal declared himself as the Secretary and one Chellappan as President. 15 others also got themselves declared as Committee Members. The third respondent herein raised a dispute regarding the validity of the first declaration. It so happened that another set of people, at the instance of the third respondent, also got themselves declared elected, and consequently there were rival claims.