IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NOS. 6264-6277 OF 2024

KOVILPATTI NADAR URAVINMURAI SANGAM ETC. APPELLANT(S)

VERSUS

K A VELUMANI & ORS. ETC. RESPONDENT(S)

W I T H

CIVIL APPEAL NOS. 6278-6291 OF 2024

O R D E R

1. Heard Mr. Guru Krishna Kumar and Mr. Nagamuthu, learned senior counsel appearing for the appellants, and Mr. Ranjit Kumar, learned senior counsel appearing for the respondents.

2. The appellant No.1, Kovilpatti Nadar Uravinmurai Sangam (hereinafter referred to as the "Society") is a Society of members belonging to Nadar community of Kovilpatti in the State of Tamil Nadu. We have been informed at the Bar that the society performs a variety of functions, including running of schools & colleges and other educational institutions and even hospitals in Kovilpatti, Tamil Nadu. Some of these educational institutes are also under grant-in-aid by the State Government.

3. The General Body of the Society consists of members who are all married men belonging to Nadar community residing in Kovilpatti provided they apply for membership and their application(s) is/are accepted. The members of the General Body are liable to pay in Digitally signed by NITIN TALREJA Date: 2024.09.13 14:56:37 IST Reason: Signature Not Verified

person, the yearly membership fee and yearly capitation fee in cash to the Society within 90 days of the start of the year.

4. The main body which runs the Society is the Executive Committee of the Society, consisting of 65 or more members which are elected by the General Body. One of the essential features of this Society is that only such members can be elected to the Executive Committee of the Society, who have been paying Mahamai (in addition to membership & capitation fee), which is a special donation to be given by members who run a business or trade. Not everyone who is a member of the society gives this donation called 'Mahamai'.

5. The Society has its Rules and Regulations which, inter alia, provide for induction of new members, eligibility to be elected as a member of the Executive Committee, the election procedure etc. Broadly, once elected, the term of the Executive Committee is for 3 years. The Executive Committee elects its President who, in turn, nominates the Vice President, Joint Secretary and Treasurer.

6. Naturally, there is a keenly fought contest for the election to the Executive Committee and then for the President. Presently, we have a dispute at hand raised by a group of the Society members regarding the election to the Executive Committee of the Society. 7. The last election took place as far back as in September, 2017. Consequently, in a normal course, the term of the Executive Committee should have come to an end in September, 2020. However, for one reason or the other, the next elections were not held in time.

8. The notification for the election was issued in April, 2022,

and that too with the interference of the Madras High Court in a Writ Petition. The notification was subsequently recalled and the final notification came on 23.11.2022 and consequently elections were held on 25.12.2022. Since the matter was pending in the High Court and there was an interim order to hold the elections but not to declare the result, the results were kept in a sealed cover. The controversy which was raised before the High Court was regarding the rejection of nomination of 46 members of the Society as ineligible for the election to the Executive Committee. Election to the Executive Committee were held without their participation. The learned Single Judge of the High Court initially interfered with the matter but ultimately decided that 46 nomination papers (those who were held to be ineligible) should also be included in the election process. The matter was taken up in a Letters Patent Appeal by the present appellants where ultimately the High Court vide its order dated 03.11.2023 decided that fresh elections should take place and this is the order which has been challenged by the appellants before this Court.

9. The argument which has been raised before us here is whether the High Court was right in interfering with this matter in a Writ jurisdiction. The objections raised at the hands of the appellants before this Court was that since it is after all an election to a private body i.e., a Society of the Nadar Community, the remedy, if any, is to file an election petition or civil suit before the Civil Court that too after the elections are over. Writ Petition was never a remedy.

As far as this position is concerned, we are in agreement with

the appellants as this has been the consistent position of this Court right from N.P. Ponnuswami v. Returning Officer, Namakkal Constituency & Ors., (1952) 1 SCC 94 and Mohinder Singh Gill & Anr vs The Chief Election Commissioner 1978 (1) SCC 405 and the subsequent judgments where this Court had held that once elections are announced, no interference is to be made and definitely not in a writ petition. A Writ Court should not be interfering in an election process once the process has been announced. Consequently, in the peculiar facts and circumstances of the case, now since the elections have already taken place with the intervention of the Court through the Advocate Commissioner appointed by the Court, we are of the opinion that, the results must be declared and rest of the process should follow. Depending upon the results of the elections, an aggrieved party can always file an election petition or civil suit in accordance with law, where amongst other grounds which are available to it under the law, the rejection of candidature of 46 members to the Executive Committee can also be one.

10. Having made the above determination, we cannot close our eyes to the delay which is being caused in holding these elections and the Executive Committee continuing beyond its term. One reason why the elections were frequently delayed, is the dispute raised as to the eligibility of members to contest for the Executive Committee and related to it is whether they have paid their Mahamai in time or not. This process has to be streamlined as we find the present provisions lacking in clarity. We had, hence, requested both the appellants as well as the respondents, through their counsels, to

suggest how the process be streamlined so that elections are held in time. Both the sides have discussed the matter and have jointly suggested before us certain measures and procedures to be incorporated in the Rules. Their effort is to be appreciated.

11. Rule 14 (I)(g) provides the term of the Executive Committee. Rule 10(3)&(4) deal with the payment of Society Membership Fee, Capitation Tax and 'Mahamai' and the stipulated time period for such payment. Rule 26 provides the method to be followed in the election of members to the Executive Committee.

12. We have gone through the suggestions submitted by both the parties and by and large we accept the same. We have also given our anxious thoughts to remove some of the anomalies and to ease out the procedure and hence we direct that these suggestions shall be read so as to supplement the existing Rules and Regulations. In other words, the present Rules and Regulations have to be read in the light of the following directions:

Provision	Suggestions to be incorporated
	The amount of 'Mahamai' be paid either on daily,
Rule 10(3)	once a week, once a month or on annual basis
	directly at the Society's Office or into the
	Society's Bank Account on or before 31st March of
	every year.
Rule 10(4)	The Annual Subscription Fee and Capitation Fee
	shall be paid on or before 31st March of every year.
	They shall be paid directly in the Society Office
	or in the Society's Bank Account.
	The term of Executive Committee shall be for a
	period of 3 years as prescribed under Sec.15 of the
	Tamil Nadu Societies Registration Act, 1975.
Rule<br>14(I)
(g)	If the election is not conducted by the end of
	September of the Election Year, the District
	Registrar of the Society shall supersede the
	Executive Committee and manage the affairs of the
	Sangam, and conduct the election within a period
	not exceeding one year, as stipulated under Sec 34A

	of the Tamil Nadu Societies Registration Act, 1975.<br>The election process shall commence three months
	prior to September, when election has to be
	conducted.
	In the Election Year, two separate provisional
	lists, namely (i) list consisting of all General
	Body members and (ii) list of members eligible to
	contest elections for the Executive Council i.e.
	those who have paid up to date 'Mahamai', annual
	subscription and capitation fee shall be published
	in the Daily Newspapers which has a wide
	circulation in the Tuticorin District in addition
	to being placed on the Society's Notice Board
Rule 26	before the end of June of the Election year.
	Objections, if any, to the said provisional lists
	regarding the non-inclusion of their names in the
	list shall be raised by the member concerned on or
	before 15th July by submitting in writing either
	directly in the Society's office or by Registered
	post.
	Objections<br>received<br>shall<br>be<br>considered<br>by
	providing an opportunity of personal hearing before
	the Enquiry Committee appointed by the Executive
	Committee. The Final eligible voters' list and the
	List of members eligible to contest shall be
	published on or before 15th August of the Election
	Year. Final lists should be published in the Daily
	Newspapers, which has a wide circulation in the
	Tuticorin District and also posted on the Society's
	Notice Board by the end of 31st August of the
	Election year. Once the final lists of eligible
	contestants are published, they are eligible to<br>contest in the election as per Rule 13 (b)and their
	nominations shall not be rejected on the grounds of
	Annual non-payment of subscriptions namely Mahamai,
	Subscription and Temple Capitation Fee.
	The election shall be conducted under the overall
	superintendence, direction and control of the
	District Magistrate, Tuticorin or any other senior
	most available serving Civil Servant of the
	district to be deputed by the District Magistrate.
	The three-year term of the Executive Committee,
	prescribed under Rule 14(I)(g), shall begin from
	the date of the first meeting of the Executive
	Committee held after its election, which shall be
	called by the officer under whose superintendence,
	direction<br>and<br>control<br>elections<br>were<br>held.

The provisions in above-mentioned Rules as well as the other provisions are deemed to have been amended to the extent of the above suggestions/incorporations.

13. One fact which also needs to be underlined is the dispute raised at the hands of the present respondents regarding the rejection of nomination of 46 members. We make it absolutely clear that after the conclusion of the elections, the remedy, if any, open to the Respondents is to challenge the process or the results of the election through election petition/civil suit where this can always be a ground available. In case, such an election petition/civil suit is filed, we hope that there would be an expeditious disposal of such a petition/suit, preferably within one year.

14. We hereby set aside the impugned order dated 03.11.2023 and present appeals stand disposed of in above terms along with pending applications, if any.

...................J. (SUDHANSHU DHULIA)

...................J. (PANKAJ MITHAL)

NEW DELHI; SEPTEMBER 05, 2024

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Civil Appeal No(s). 6264-6277/2024

KOVILPATTI NADAR URAVINMURAI SANGAM ETC. Appellant(s)

VERSUS

K A VELUMANI & ORS. ETC. Respondent(s)

(IA No. 249947/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 249949/2023 - EXEMPTION FROM FILING O.T. IA No. 253922/2023 - PERMISSION TO FILE ADDITIONAL DOCUMENTS/FACTS/ ANNEXURES)

WITH

C.A. No. 6278-6291/2024 (XII) (IA No. 252506/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT IA No. 252507/2023 - EXEMPTION FROM FILING O.T.)

Date : 05-09-2024 These matters were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE SUDHANSHU DHULIA HON'BLE MR. JUSTICE PANKAJ MITHAL

For Appellant(s)	Mr. Nagamuthu, Sr. Adv.<br>Mr. M.S. Vishnu Sankar, Adv.<br>Mr. Sriram Parakkat, Adv.<br>Ms. Athira G. Nair, Adv.<br>Mr. Aditya Santhosh, Adv.<br>Ms. Anjali Singh, Adv.<br>Ms. Isha Singh, Adv.<br>M/S. Lawfic, AOR
	Mr. Guru Krishna Kumar, Sr. Adv.<br>Mr. B Ragunath, Adv.<br>Mr. C Mayilvahana Rajendran, Adv.<br>Mr. J Essaki Muthu, Adv.<br>Mrs. Nc Kavitha, Adv.<br>Mr. Vijay Kumar, AOR<br>Mr. R Venkatraman, Adv.
For Respondent(s)	Mr. Ranjit Kumar, Sr. Adv.<br>Mr. K Ragatheesh Kumar, Adv.<br>Mr. K. V. Vijayakumar, AOR<br>Mr. K. V. Sriwas Narayanan, Adv.

Mr. K. V. Vibu Prasad, Adv. Mr. M Gireesh Kumar, Adv. Mr. Ankur S. Kulkarni, AOR Mr. A S Naushad, Adv. Mr. Tarun, Adv. Mr. Ashok Kumar, Adv. Ms. Priyanshi Goel, Adv.

UPON hearing the counsel the Court made the following

O R D E R

The appeals stand disposed of in terms of the signed order.

Pending application(s), if any, shall stand closed.

(NITIN TALREJA) (KAMLESH RAWAT) ASTT. REGISTRAR-cum-PS ASSISTANT REGISTRAR

(Signed order is placed on the file)