TaxTMI 
TaxTMI 
2021 (1) TMI 1357
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....ation Act, 1975 to supersede the Executive Committee of the 6th respondent Society, which according to the petitioner has been allegedly acting in contravention of the Tamil Nadu Societies and Registration Act, 1975 and the rules framed therein. 2. It is the case of the petitioner that the 6th respondent Society has amended the bye-laws without passing a special resolution as contemplated under Section 12(2) of the Tamil Nadu Societies and Registration Act, 1975, Rules (hereinafter referred to as "the Act"). Further it is the contention of the petitioner that there are several irregularities committed by some of the office bearers of the 6th respondent Society and several cases have been lodged against them including lodging of criminal ....
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....6. The respondents 4 to 6 have also filed their counter affidavit. In their counter affidavit, they have stated that the writ petition is not maintainable on the ground of suppression of material facts. According to them, the petitioner has participated in all the meetings convened by the 6th respondent Society, including the meeting convened for the purpose of amending the bye-laws of the Society. They have also denied the allegations of the petitioner that they have committed irregularities while acting as office bearers of the 6th respondent Society. It is also their case that the criminal complaints lodged against them is false and a frivolous one. They have also stated that the petitioner has already approached the District Munsif Cour....
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....ven by the Members of the Society against the present office bearers of the 6th respondent / Society with regard to the financial irregularities which have been filed as documents along with this writ petition. 10. He also submits while referring to the counter affidavit filed by the respondents 4 to 6 that the respondents 4 to 6 have themselves admitted in their counter affidavit that no special resolution passed for amending the bye-laws of the Society. Hence, according to him, the 3rd respondent has not followed the procedure contemplated under Section 12 (2) of the Act. 11. Per contra, the learned counsel appearing for the respondents 4 to 6 would refer to Section 12(4) of the Act and would submit that once the 3rd respondent is s....
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.... amend its byelaws. (4) If the Registrar is satisfied that any amendment of the memorandum or the bye-law is not contrary to the provisions of this Act, or the rules made thereunder, he may register the amendment. When the Registrar registers an amendment of the memorandum or the bye-laws, he shall issue to the registered society a copy of the amendment certified by him, which shall be conclusive evidence that the amendment has been duly registered. 14. Admittedly, the bye-laws of the 6th respondent Society has been registered by the 3rd respondent as per the provisions of Section 12 (4) of the Act. The petitioner seeks for an appointment of a Special Officer under Section 34(A) of the Act, to supersede the Executive Committee o....