Authority: High Court of Judicature at Madras

Order Date: 16-10-2026

Case Overview

  • Petitioners: Madras Medical Mission (represented by its Hon. Secretary Dr. K. Jacob) and the Honorary Secretary of the Society; Respondents: Sajan Varghese and K. Jacob. The matters arise under Civil Revision Petition Nos. 1370 & 1656 of 2025 and Connected Miscellaneous Proceedings Nos. 8121 & 9576 of 2025.
  • Background: On 06‑Feb‑2025, the plaintiff (Sajan Varghese) together with 30 other members submitted a requisition to the Governing Board of the Madras Medical Mission seeking an Extraordinary General Meeting (EGM) to place a forensic and enquiry report before the General Board and to hold four members accountable for alleged gross financial irregularities.
  • The Governing Board, on 14‑Feb‑2025, altered the General Board membership from 147 to 171 by suspending the 5 requisitionists, adding 36 new members, readmitting 15 existing members and removing eight members.
  • On 04‑Mar‑2025 the second defendant issued a notice calling for an EGM to be held virtually from 27‑Mar‑2025 to 29‑Mar‑2025, with remote e‑voting to open on 27‑Mar‑2025 at 10:00 AM and close on 29‑Mar‑2025 at 04:59 PM.
  • The plaintiff argued that the increase of membership to 171 rendered the requisition (31 members) defective because it fell below the statutory threshold of one‑fifth of the members, and sought a declaration that the notice dated 04‑Mar‑2025 was illegal, a permanent injunction restraining the EGM, and an interim injunction pending the suit.
  • The District Munsif Court, Ambattur, on 27‑Mar‑2025 granted an interim injunction restraining the defendants from acting on the notice and from opening the remote e‑voting system, but expressly allowed the EGM to proceed on 29‑Mar‑2025 if quorum was present.
  • On 28‑Mar‑2025 the High Court suspended the portion of the interim order that invalidated votes cast on 27‑Mar‑2025 and 28‑Mar‑2025, permitting voting to continue while keeping the results in abeyance.
  • Subsequent filings (CRP No. 1656 of 2025 on 08‑Apr‑2025) challenged the lack of restriction on conducting the EGM on 29‑Mar‑2025.
  • Both sides presented extensive arguments regarding jurisdiction, the adequacy of the interim relief, the alleged manipulation of the member list, and the procedural propriety of the EGM and e‑voting.

Final Outcome

  • The High Court, after hearing submissions on 07‑Oct‑2026 and 14‑Oct‑2026, clarified that the original requisition dated 06‑Feb‑2025 will not be defeated by the subsequent increase of membership to 171; the requisition remains valid.
  • Votes cast by members who were part of the Society on 06‑Feb‑2025 will be counted for the resolutions moved in the EGM; votes of members admitted after that date will not be counted.
  • The Court held that the issue of suspension, removal or addition of members is a separate cause of action and will not be adjudicated in the present suit.
  • Consequently, CRP No. 1370 of 2025 is allowed; the defendants are permitted to act upon the e‑voting already cast and to announce the EGM result.
  • CRP No. 1656 of 2025 is dismissed, and the connected CMPs are also dismissed. No costs are awarded to either side.
  • The parties retain the right to pursue independent remedies concerning the suspension/removal of members.

Topics: Legal Dispute, Corporate Governance, Society/Election