Madras High Court Ends 19-Year Interim Administration of Siddha Sangam
The Court mandates the transfer of administration to the newly elected President, restoring democratic governance.
In a significant ruling, the Madras High Court has directed the cessation of a prolonged interim administration of the Akila Thiruvidancore Siddha Vaidhya Sangam, which has been under the stewardship of an Interim Administrator for nearly two decades. The judgment, delivered by a Division Bench comprising Justices S.M. Subramaniam and Mohammed Shaffiq, mandates the transfer of administrative control to Mr. Noelraj, who was elected as the President in a general body meeting held earlier this year.
The case stemmed from a dispute regarding the management of the Sangam, which led to the appointment of Justice A. Ramamurthy, a retired High Court judge, as the Interim Administrator back in 2006. While the Interim Administrator has been lauded for his contributions to the institution's development, including earning the Sangam a prestigious award, the court highlighted that indefinite continuation of such administration infringes upon the democratic rights of the Sangam's members.
The bench asserted that the role of Interim Administrators is inherently temporary and corrective, intended to stabilize the organization until democratic governance can be restored. Prolonged interference undermines democratic principles and member participation, the court noted, emphasizing the necessity for timely elections and lawful governance.
Despite the peaceful administration under the Interim Administrator, the court acknowledged the elected status of Mr. Noelraj and underscored the withdrawal of the original suit that justified the Interim Administrator's appointment. The court recognized the importance of adhering to the byelaws of the Sangam, which confer rights such as voting and holding office bearers accountable through elections.
Justice Subramaniam noted that the prolonged tenure of the Interim Administrator has deprived members of their fundamental rights, such as voting and participating in the management. He emphasized that the interim measure should not turn into a permanent arrangement, highlighting that such practices could offend the spirit of democracy.
The court has requested Justice A. Ramamurthy to hand over the administration to Mr. Noelraj within two weeks, ensuring a smooth transition and resumption of governance by the elected body. The judgment allows aggrieved members to challenge the election or resolutions passed by the general body if they choose to do so.
This ruling not only concludes the lengthy interim administration but also sets a precedent for upholding democratic governance and institutional autonomy within associations and societies. The court's decision is expected to encourage member participation and restore the democratic fabric of the Sangam.
Bottom Line:
Appointment of Interim Administrators is a temporary corrective measure aimed at stabilizing the functioning of a society or association and restoring democratic governance. Courts are not intended to perpetuate such administration indefinitely, and prolonged continuation infringes democratic rights of members.
Statutory provision(s): Not explicitly mentioned in the judgment, but relevant legal principles discussed include the governance by byelaws of societies, democratic rights of members, and interim administration principles.
