HON’BLE JUSTICE V. PARTHIBAN PASSED AN ORDER ON 30.07.2021 APPOINTING RETIRED HIGH COURT JUDGE HON’BLE JUSTICE THIRU. K. N. BASHA, AS JUDGE COMMISSIONER TO CONDUCT ELECTION TO THE EXECUTIVE COMMITTEE OF THE RAJAH ANNAMALAIPURAM SRI AYYAPASWAMY TEMPLE TRUST IN A. NOS. 342 AND 344 OF 2021 IN C.S. NO. 37 OF 2021. Mr.R. Srinivas for S. Sithirai Anandam, appeared for the Applicant in the Suit

HON’BLE JUSTICE V. PARTHIBAN PASSED AN ORDER ON 30.07.2021 APPOINTING RETIRED HIGH COURT JUDGE HON’BLE JUSTICE THIRU. K. N. BASHA, AS JUDGE COMMISSIONER TO CONDUCT ELECTION TO THE EXECUTIVE COMMITTEE OF THE RAJAH ANNAMALAIPURAM SRI AYYAPASWAMY TEMPLE TRUST IN A. NOS. 342 AND 344 OF 2021 IN C.S. NO. 37 OF 2021.

Mr.R. Srinivas for S. Sithirai Anandam, appeared for the Applicant in the Suit.

The Madras High Court on its order on 30.07.2021 passed by the Hon’ble Justice V. Parthiban ordered that a General Body Meeting may be conducted by the Rajah Annamalaipuram Sri Ayyapaswamy Temple Trust in the presence of the Retired High Court Justice Thiru. K. N. Basha, who is appointed as the Judge Commissioner to call for the general body meeting and to conduct election to the Executive Committee of the Society.

The court made the observation on an application filed before the Hon’ble High Court in A. Nos. 342 and 344 of 2021 in C.S. No. 37 of 2021. A. No. 342 of 2021 was filed seeking relief for an order of ad-interim direction directing the respondents to submit the annual accounts for the years 2017 to 2020. A. No. 344 of 2021 was filed seeking relief to appoint a commissioner for the conducting election for the Executive Committee Members and office bearers of the society.

The Suit was filed seeking Relief for (1) directing the respondents to convene the General Body Meeting of the respondent society for the purpose of considering and approving the annual reports and accounts of the society and fulfilling the statutory and administrative procedures and (2) to direct the plaintiff to pay the cost of the suit.

R. Srinivas for S. Sithirai Anandam, appearing for the Applicant in the Suit, mentioned that the society was founded by Dr. MAM Ramasamy and the 2nd respondent was his adopted son and on the death of his father he claimed as the President based on the circular dated 12.02.2016. After that election proceedings were not conducted for past two years and the statutory mandate proceedings as prescribed under the Tamil Nadu Societies Registration Act, 1975 were not adhered to.

The Learned Single Judge, Justice V. Parthiban, pointed out that in 2021, the election has become long over due and the election to the Executive Committee cannot be postponed. Hence the Learned Justice V. Parthiban ordered in A. No. 344 of 2021 as appointing a retired Justice of the Hon’ble High Court of Madras, Thiru. K. N. Basha to preside the General Body Meeting and to conduct election to the Executive Committee of the Society by initiating action in terms of the bye-laws of the society read with the provisions of the Tamil Nadu Societies Registration Act, 1975. The 1st respondent society is directed to make payment to the Hon’ble Judge Commissioner and the application is disposed of. A. No. 3342 of 2021 will be considered after completion of the election and submission of report before this Hon’ble Court.

The case posted for the hearing of the pending suit after 4 weeks.

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