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The Madras High Court on Thursday made absolute its interim order restraining the government from implementing its various orders nominating five government officials as members of the committee of Victoria Technical Institute (VTI), on Anna Salai in the city.
Justice D Hariparanthaman dismissed the petition seeking to vacate the stay from the State and made the stay absolute and posted the hearing on the main petition filed by VTI honorary secretary A Nageswaran to October 29.
Nageswaran sought to quash the GOs appointing the Handlooms Secretary, the Director of Industries and Commerce, the Chairman and Managing Director of TN Handicrafts, the Deputy Secretary of Handlooms, Handicrafts, Textiles and Khadi Department and the Joint Secretary of Finance Department as nominated members of the VTI’s governing council.
The judge said that the VTI was a society registered under the Societies Registration Act, 1860. After the TN Societies Registration Act, 1975 came into force, the latter Act governed the VTI society. Section 15 (3) of the Act stated that the members of the committee should be appointed at a meeting of the society by a resolution of a majority of the members present and entitled to vote.
Admittedly, the five government officials were not appointed to the committee at the meeting of the society by a resolution of a majority of the members present and entitled to vote therein.
They were nominated by the State government by way of various orders based on the by-laws of the society.
Section 53 of the TN Societies Registration Act made it clear that the by-laws, which were inconsistent with the provisions of the Act, should not operate.
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