L.Selva Kumar Prabhu Vs the Inspector General of Registration

The District Registrar (Administration) / Registrar of Societies, District Registrar Officer Integrated Registration Building Near New Collectorate Vallam High Road, Thanjavur District.

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The Joint Advocates Association Council of Tamil Nadu and Puducherry (JAAC), Rep. by its General Secretary, Thiru K. Pannirselvam, No.17, Vairam Nagar 1^st Street, Thanjavur.

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W.P. No.49889 of 2025

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4. The Chairman

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Joint Advocates Association Council of Tamil Nadu and Puducherry (JAAC), No.17, Vairam Nagar 1^st Street, Thanjavur.

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M. Rajasekar 6. K.S. Kannnan

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.. Respondents

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Prayer : Writ Petition filed under Article 226 of the Constitution of India to issue Writ of Certiorarified Mandamus to call for the records of the Impugned election notice dated 09.10.2025 issued by the third respondent and Impugned election notice dated 25.11.2025 issued by the third respondent and quash the same as illegal, arbitrary and non-est in law and consequently direct the first to sixth respondents to conduct the election to elect office bearers and Executive Committee Members strictly as per Association Bye-Law dated 03.01.2018 within the time stipulated by this Court.

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For Petitioner : Mr.Meenakshi Sundaram for Mr.R. Karthik Kannan For Respondents : Mr. Abdul Saleem Senior Counsel for Ms.Dharani Subramanian for R3 to R6

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ORDER

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This writ petition has been filed challenging the Impugned election notices dated 09.10.2025 and 25.11.2025 issued by the third respondent and to quash the same as illegal, arbitrary and non-est in law as well as sought for

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W.P. No.49889 of 2025 consequential direction to first to sixth respondents to conduct the election to

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elect office bearers and Executive Committee Members strictly as per Association Bye-Law dated 03.01.2018 within the time stipulated by this Court.

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It is submitted by the learned Senior Counsel appearing for the respondents that the very same notification came to be challenged before the Madurai Bench of this Court in W.P. (MD) No.35816 of 2025 and the same was dismissed on the premise that writ petition cannot be entertained. The relevant portion is extracted hereunder :-

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2. A perusal of the typed set of papers reveal that election to the Joint Advocates Association Council of Tamil Nadu & Puducherry (JAAC) was declared by the Election Officer by way of a notification dated 09.10.2025, fixing date of election as 07.12.2025. As per the said notification, election has been declared only for three posts viz., Chairman, General Secretary (President) and Treasurer.

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3. According to the learned counsel appearing for the petitioner as per the Bye-Laws, for two more posts viz., Vice President and Deputy General Secretary election should have been announced. However, in violation of the Bye-Laws, election has been declared for the three posts viz., Chairman, General Secretary (President) and Treasurer only.

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4. According to the learned counsel appearing for the petitioner, as per the said notification, the Bar Association shall have one vote for every 50 members. Therefore, voting right of every member has been taken away. He further submits that year of experience has not been prescribed for the post of Chairman, General Secretary (President) and Treasurer which is in violation of the Bye-Laws.

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W.P. No.49889 of 2025

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5. Therefore, according to the learned counsel appearing for the petitioner the election petition is completely in violation of the Bye-Laws.

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6. Heard the learned counsel on either side and perused the

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materials available on records.

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7. The present writ petition has been filed seeking a mandamus without challenging the election notification dated 09.10.2025.

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8. That apart, the election to a society, if it is challenged on the ground of violation of any Bye-Law, it should be challenged only before the competent Civil Court.

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9. In such circumstances, this Court is of the considered opinion, the power under Article 226 of the constitution of India cannot be exercised to entertain the present writ petition.

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10. With the above deliberations, the writ petition stands disposed of with liberty to the petitioner to raise all the grounds before the competent civil Court. No costs. Consequently, connected miscellaneous petition is closed.

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Following the said decision, the present writ petition is disposed of on the same terms. No costs. Consequently, connected miscellaneous petitions are closed.

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W.P. No.49889 of 2025

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To :

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The Inspector General of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Raja Annamalaipuram, Chennai – 600 028.

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The District Registrar (Administration) / Registrar of Societies, District Registrar Officer Integrated Registration Building Near New Collectorate Vallam High Road, Thanjavur District.

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The Joint Advocates Association Council of Tamil Nadu and Puducherry (JAAC), Rep. by its General Secretary, Thiru K. Pannirselvam, No.17, Vairam Nagar 1^st Street, Thanjavur.

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