OF JUDICATURE OF CHEATTISGARH AT BILASPUR iii THE iiiGH COURT @5/ G20 .../2003 W.P.NQ. - Petitioner: Shri Muddu Venkat Na‘rayan Rao Memorial School Society. Reg. No.905 Dt.22/06/1967. Khursipar,Zone-3,P.O.Khursipar Teh. & Dist. Durg (C.G.) Through:— Genral Secretary Y.A. Rao, n R/o— Bajrang Kirana Store, Khursipar Gate,Zone—2, Khursipar, Bhilai, Teh. si Dist. Burg (C.G.) “g/o @éh?a Kam éfagé k State Of Chhattisgarh Through:— 1. Secretary Ministry of Commerce and I ndustry Department . Mantralaya D. K. Bhavan, Raipur (C.G.) . Registrar Firms & Societies, 1 RAIPUR (c.G.) Assistant Registrar Firms & Societies , 0/5—Anupam Nagar, Raipur Division, RAIPUR (C.G.) Versus WWW mt awhak xnwatty mmmw Maxtmwt‘ amanarce nanwaiaya: am?» mm: mwn Raipar mum‘agarh‘ ‘Resganéant iau .m a & ; R. 3h$ar Rae. s/a. M.V. 'aap. R/G. 3&1311 éyala stare. Friya&aramni uarket. mesh Hana”. Kmsipar mulai. mute. burg «aaa. :m. warm. s/a. ma. Vanna. Ma. an. Velma Ehawan. 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Sdl- Fakhruddin Judge HIGH COURT OF CHHATTISGARTH AT BILASPUR State of C.Gv and others HIGH COURT OF CHHATT1§GARTH AT BILASPUR Writ Petition No. 62012003 Shri Muddu Valkat Naravan Rae Memon'a] School Sociaty Vcrsus State of C‘G. and others ORDER Per Fakhruddin J. The peh'tioner has Filed tha presrmt petitinn challenging tha Older dated 17-1-2003 passed by respondent No. 1, rcccived undar reference No. 176/ 2003/ 1 llBa, U. Raipur, dated 20-01-2003. 2. The facts in brief are that the petitioner 1's an affine hearer of the Society registered as Shli Muddu Venkat Narayan Rao Memorial School Society. The election of the Society was to be held on 05—01-2003 and for that purpose the meeting was called on 0341—2002. Annexure—P/8 is the document in that regard. It is said that the election was accordingly held on 05-01—2003 as per Annexure-P/9 and the list of ofiice bearer was submitted by the Secretaly as per Aunexure-P/ 10. Annexule-P/ 11 is the certilicate issued by the Assistant Registrar under Section 27 of the Society Registrikaran Adhiniyam, 1973 (hereinafter referred to as the Adhiniyam in short) dated 15-1—2003. Respondent Nos. 4 to 11 :/, Iiled an appeal undcr Section 4O of the Adhiniyam on 17-1-2003 béfore ths Bharsadhak Adhikari stating that the Ragistrar, Finns and Socictics, is on leavc and 110w tho Stats is only the alternativt: forum. It was statcd that the opportunity of hoaring was not aEonlcd to them in tho gcncral mccting hold on 05-01-2003. The Bharsadhak Adhikari, who is the Minister, entertained the appeal and passed an order on 17-1—2003 itself. It is stated that the Assistant Regisu‘ar was called for by the Bharsadhak Adhikari. i. 3. Section 32 of the Adhiniyam relates to enquiry and setucment of dispute, which is quoted below: “32. Enquiry and settlement of disputes- (1) The Registrar may, on his own motion or on an application made under sub—section (2) either by himself or by a person authorized by him, by onier in writing, hold an enquiry into the constitution, working and nuancial conditions of a society. (2) An enquiry of the nature referred to in sub—section (1) shall bee held on the application of- (a) a majority of the members of the governing body of the society; or (b) not less than one-third of the total number of members of the society. (3) The Registrar or the person authorized by him under sub-section (1") shall for the purpose of an enquily under this section have the following powers, namely:- (a) he shall at all times have free access to the books, accounts,» documents, securities, cash and other properties belonging to, or in the custody of, the society and may summonJany person in possession, or responsible for the custody of any such books, accounts documents, securities, cash or other properties to produce the same, if they relate to the head ofdce of the society at any place at the h€adquartsr thcreof and if they relate to any branch of the society, at any place in the town wherein such branch thereof is located or in his own (mice; (h) he may summon any person who he has reason to believe has knowledge of any of the aEairs of the society to appear before him at any place at the headquarters of the society or any branch thereof or in his own office and may examine such person on oath; and (c) (1) he may notwithstanding any regulation or byelaw specifying the period of noh‘ce for a general meeh‘ng of the society, require the ofhcers of the society, call a general meeting of the society at such time at the head office of the society or at any other place at the headquarter of the society and to determine such matters as may he directed by him and who‘re the ohlcere of the society refuse or fail to call such a meeting, he shall have power to call it himself; (11) any meeting called under sub—clause (i) shall have all the powers of a general meeting called under the regulations or byelaws of the society and its proceedings shall be regulated by such byelaws. (d) When an enquiry is made under this *3: section the Registrar shall communicate the result of the enquiry to the society. The decision of the Registrar shall he binding on all parties concerned.” 4. Section 40 of the aforesaid Adhiniyam relates to preference of an appeal, which is quoted below: “40. Appeal— (1) An appeal against the order of the Registrar shall lie— (a) if the order is made by the Registrar, to the State; (b) if the order is made by any other persons to the Registrar and against such order of the Registrar to the State Government. (2) An appeal under sub-section (1) shall be filed Within two months of the date of communication of the order: Plvvided that the appcllatc authority may admit an appeal atiar the. expily of such period if tho appcHant satisocs tho appollate authon'ty that he had suhicient J cause for not preferring the appeal within such pen'od.” 5. It is submitted by the learned counsel for the petiu'oner that for enquiry anci settlement of dispute under Section 32(2) of the Adhiniyam, an enquiry shall be held on the application of a f majority of the members of the governing body of the society or not less than one-third of the total number‘of members of the society. It is further submitted that the requirement of Section 32(2) of the Adhiniyam is not there. The application is not supported by majority of members nor one—third of the‘goveming body, as such it could not have been entertained. It is also submitted that if it is to be held as. an appeal, then the appeal to the State Government lies when the. order is made by the Registrar. In the instant case the older dated 05.01.2003 is not made by the Regisu'ar. The contention therefore is that the Bharsadhak Adhikari i.e the Minister concerned had no jurisdiction. 6. Slui Rajiv Shrivastava, learned counsel appearing for respondents No.4 to 11, however submitted that pn’ma facie the Bharsadhak Adhikari is having the jurisdiction. He referred to the dedm'tion of the “Registrar“ which is mentioned in Section 3(c) of the Adhim‘yam and submitted that if thé R€gis1mr was not pmssnt, then the Stats was an alternative forum. and maten'al on record. so far as the enquiry and settlement of dispute under Section 32(2) of Adhjniyam is concerned, it is evidently clear that the enquily shaH be held on the application of a majority of the members of the governing body of the society or not less than one-third of the total number of members of the society. The application is not supported by majon'ty of members nor one-third of governing body. The total members of the society am 35 and the application ought to have been filed by 1 1.66 i.e. 12 members \but the. same had been filed by only 8 members. As such, the requirement was not fulfilled. So far as the question of nljng of an appeal before the Bharsadhak Adhikari i.e. the Minister concerned, in the instant ease the order dated 05.01.2003 admittedly was passed by the Assistant Registrar and then if the 7. Section 3 (c) of the Adhiniyam is relevant, which is quoted below: "3.Defmitions~ (a) xxxx XXXX xxxx (b) xxxx XXXX xxxx (c) “Registrar” means the Registrar of the societies appointed under sub—section (1) of Section 4 and includes an Additional, Joint, Deputy and Assistant Registrars of Societies, appointed under sub-section (2) of the said section when exercising or performing all or any of the powers or duties of the Registrar.” 8. Having considered the facts and circumstances of the case appeal is med it ought to have bcen filed before the Registrar. If the Registrar was on leave, then the matter ought to have been placed hefme the Additional Registrar 0r so. It is not a case that there is no Additional Registrar or Joint Registrar. The Registrar means the Registrar, Additional Registrar, Joint Registxar etc. of the society as dehned under Section 3(c). The appeal therefore iiled before the Bharsadhak Adhikari i.e. the Minister concerned was not maintainable and the order passed accordingly is not sustain able. 9. At this stage, leanted counsel for respondents No.4 to 11 prayed that the said respondents may be given an opportunity to prefer a petition / appeal before the Registrar / Additional Registrar. The prayer is not opposed. 10. Having thus considered, it is directed that if such an appeal] petition is filed within fifteen days, it shall be examined by the Registrar and considered on its own merits in accordance with law. 11. Subject to What has been stated above, this writ petition stands disposed of.