Chennai: The South Indian Artistes’ Association (SIAA) has approached the Madras high court to set aside an order of a single judge, which stayed its notification to conduct election to the post of office bearers on July 15. A Division Bench comprising Chief Justice Sanjay Kishan Kaul and Justice T.S. Sivagnanam, before whom the appeal filed by SIAA came up for hearing, ordered notice to actors Vishal, Nasser and Poochi Murugan and posted to July 28, further hearing of the case.
The Bench also directed the Registrar of Societies to remain present to assist the court after familiarising himself with the bye-laws of the SIAA.On an application arising out of a suit filed by the three actors, a single judge had on June 26 stayed the election notification after pointing out that the decision to conduct the election was not taken as per the bye-laws of the SIAA. The Bench said there were different contentious issues including the amendment if any carried out in the bye-laws, genuineness of members and availability of the list of members.
The court’s attention was drawn to section 26 (4) of Tamil Nadu Societies Registration Act to submit that the Registrar himself had power to nominate a person subordinate to him to be present at any such general body meeting. The object was to ensure free election process. “We are of the view that in certain aspects of controversy it would be appropriate to have the Registrar of Societies before us and possibly an observer can be appointed to oversee the election when the respective groups contest their majority through an electoral process”, the Bench observed.
The Bench also directed the Registrar of Societies to file an affidavit qua (in the character or capacity of) the issue of bye-laws in force in respect of the controversy, as according to the appellant (SIAA), the bye-laws were amended in the general body meeting held on December 19, 2010. The affidavit should also incorporate the issue of verification and validity of the members. The administrative and executive committee in the context of bye-laws may also be stated in that affidavit.“We are endeavouring to work out a practical solution so that the elections are held, though we are not in disagreement with the final conclusion of the single judge to interfere with the election process whether on one ground or the other”, the Bench said.
