Navaladian Small Farmers Lift Irrigation Society and S.P. Kandasamy vs K. Thangavel and others

Markandey Katju, C.J.—These writ appeals have been filed against the judgment of the learned single Judge dated 23.12.2004. We have heard the learned counsel for the parties and perused the records. It appears that an election was held to the Executive Committee of the Navaladian Small Farmers Lift Irrigation Society, a Society registered under the Tamil Nadu Societies Registration Act on 29.5.2003. That election was challenged by filing the writ petition, out of which these writ appeals arise.

We have held in S. Thamil Arasan, President of Chennai Vyasarpadi Nadar Progressive Association Vs. R. Narayanan and The District Registrar of Societies, ", that where a challenge is sought to be made to the validity of an election of a society, that challenge can only be by means of a civil suit. Hence, the writ petitioners have an alternative remedy of filing a civil suit, and writ jurisdiction was not the proper remedy. For the reasons given above, the impugned judgment is set aside with liberty to the writ petitioners to file a civil suit challenging the election. If such a suit is filed, the same will be decided very expeditiously after hearing the parties concerned in accordance with law. The writ appeals are allowed. Consequently, W.A.M.P. Nos. 7966, 7980 of 2004 & W.A.M.P. No. 122 of 2005 are closed. No costs.