TaxTMI 
TaxTMI 
2018 (1) TMI 1546
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....laims that the Registrar has no power to declare any amendments to its Rules and Regulations as void or nonest and thus, the impugned order is without jurisdiction and authority of law. 3. Briefly stated, the relevant facts necessary to address the aforesaid controversy are as under:- 3.1 The petitioner is a Society registered under the Societies Registration Act, 1860 (hereafter "the Act‟). The petitioner was initially registered on 31.05.1984 under the name of Maheshwari Mandal (Uttar Shettra) (Delhi); however, with effect from 24.09.2003, its name was changed to Maheshwari Mandal (Delhi). This was duly registered and the Registrar issued a fresh certificate of registration dated 24.09.2003. 3.2 According to the petitioner, the petitioner Society amended its Rules and Regulations after due approval from its members. The amended Rules and Regulations were also forwarded for approval to the Registrar under the cover of an application dated 09.02.2004 and the same were registered. It is stated that, similarly, the petitioner further amended its Rules and Regulations in 2006, which were also duly registered by the Registrar. 3.3 The impugned order indicates that, in all,....
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....dant No.1 society as null and void and dismiss the present Governing body of defendant No.1 society being illegal; and d. Pass a decree of permanent injunction thereby directing the defendants not to alter Memorandum and Articles of Association and Rules & Regulations of the said defendant No. 1 society till final disposal of the present suit." 3.7 The said suit was contested by the defendants therein including the Registrar. In his reply, the Registrar took an unequivocal stand that he had no power to interfere in the day-to-day functioning of a registered society and the judgment of the Court would be implemented in letter and spirit. The relevant extract from the Written Statement filed by Registrar in the said suit is quoted below:- "The then registrar conducted the hearing but has not passed any judgment on the hearing conducted as per the records available in the file of the society. It is pertinent to mention here that provision the society registration act-1860 as applicable to NCT of Delhi. The Registrar have no power to interfere in day to day function of the registered society. As the complainant has filed a suit in court of law the matter is subjudice. The Judgment ....
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....f." 3.12 The impugned order has been passed in compliance of the aforesaid order. Reasons and Conclusions 4. The first and foremost question to be addressed is whether the Registrar had the power to adjudicate the disputes raised by the petitioner. Section 1 of the Act specifically provides that any seven or more persons associated for any literary, scientific, or charitable purpose, or for any purpose as is described in Section 20 of the Act, may form themselves into a society by subscribing their names to a Memorandum of Association and filing the same with the Registrar. Section 2 of the Act provides that the Memorandum of Association would contain the name of the society; the objects of the society; and the names and addresses and occupations of the governors, council, directors, committee, or other governing body to whom the management of the affairs of the society is entrusted. It also mandates that the copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the members of the governing body, shall be filed within the memorandum of association. Section 3 of the Act mandates that upon receipt of memorandum and certified co....
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.... is satisfied that the provisions of this Act in respect of change of name have been complied with, register the change of name and issue a certificate of registration altered to meet the circumstances of the case. On the issue of such a certificate the change of name shall be complete. (3) The Registrar shall charge for any copy of a certificate issue under sub-section (2) a fee of rupee one or such large fee and exceeding rupees five as the State Government may, from time to time, direct; and all fees so paid shall form part of the Consolidated Fund of India. 12B. Effect of Change.--The change in the name of a society shall not affect any rights or obligations of the society or render defective any legal proceeding by or against the society; and any legal proceeding which might have been continued or commenced by or against it by the former name may be continued or commenced by or against it by the new name. 12C.Registratin of change of names effected before coming into force of Delhi Act 9 of 1954.-If any society registered under this Act has, before the date of the coming into force of the Societies Registration (Delhi Amendment) Act, 1954 intimated to the Registrar the c....
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.... name or change of name is contrary to the provisions of this Act or of any other law for the time being in force; (b) that its activities or proposed activities have been or are or will be subversive or the objects of the society or opposed to public policy; (c) that the registration or the certificate of renewal has been obtained by misrepresentation of fraud:‟‟ 11. This Court finds much merit in the aforesaid contentions advanced on behalf of the petitioner. Plainly, the Act as applicable to Delhi does not include any provision which entitles the Registrar to cancel a registration once the same has been granted. As stated above, there is also no provision which empowers the Registrar to examine and adjudicate any dispute with regard to any alleged irregularity in the procedure adopted by the society to amend its Rules and Regulations. 12. Mr Bhatia, learned counsel appearing for respondent no.3 had referred to Section 21 of the General Clauses Act, 1897 and on the strength of the said provision submitted that since the Registrar had the power to grant registration to a society, it is implicit that he would also have the power to cancel such registration. This c....