THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4315/2010 Dt,1-10-2010 The Convention of Baptist Churches of Northern Circars (Regd.N0.16-48/49) Kakinada represented by its President, Gotukula Sundara Raju ..Petitioner V. 1. The State of Andhra Pradesh, represented by its Commissioner & Inspector General of Stamps & Registrations, A.P., Hyderabad and others. ..Respondents The Court made the following: THE HONOURABLE SRI JUSTICE A.GOPAL REDDY CRP No.4315/2010 ORAL ORDER This revision under Art.227 of the Constitution of India is filed to revise the orders of III Additional District Judge, Kakinada dt. 27-8-2010 passed in OP (SR) No.5540/2010, whereunder learned Judge while rejecting the OP (SR) held that the OP (SR) filed under Section 23 of the Societies Registration Act, 2001 (for short “the Act”) is not maintainable. According to the petitioner, he elected as President to the Convention of Baptist Churches of Northern Circars, Kakinada, (CBCNC) after the death of Kantha Raju (earlier President). On electing as President, he submitted a list of Governing Body to the respondents 1 and 2 on 12-6-2009, which was returned by the second respondent on 16-6-2009 stating that the list furnished could not be taken on record until the outcome of OS No.18/2002 and 21/2003 pending on the file of 4th Additional District Judge, Kakinada and IA No.1023/2008 in OS No.231/2008 on the file of IV Additional District Judge, Visakhapatnam. The petitioner filed the above petition for mandatory injunction to declare that the petitioner’s list of office bearers of various Boards submitted dt. 27-1-2009 to the second respondent as genuine by directing to the respondents 1 and 2, namely, State of Andhra Pradesh, represented by its Commissioner & Inspector General of Stamps & Registration, Andhra Pradesh, Hyderabad and the District Registrar of Assurances, East Godavari District, Kakinada respectively, to enter and register the office bearers of the petitioner’s body in the records of the second respondent for a period of five years ie., 2007-2012 from the date of filing of the petition and consequential permanent injunction against the respondents 3 to 5 from interfering in any way with the internal affairs of the Management of the petitioner’s organization and its allied institutions during the period 2007-2010 as per bye laws of C.B.C.N.C. Section 23 of the Act provides that in the event of any dispute arising among the Committee or the members of the society, in respect of any matter relating to the affairs of the society, any member of the society may proceed with the dispute under the provisions of Arbitration and Conciliation Act, 1996 or may file an application in the District Court concerned, which shall pass necessary orders. Admittedly, the dispute in the present OP is with regard to return of list furnished by the petitioner to the respondents 1 and 2, who are registering authorities, with regard to the office bearers. Therefore, the same cannot be resolved in a proceedings under Sec. 23 of the Act. The trial court rightly held that OP filed under Sec. 23 of the Act is not maintainable. If the petitioner seeks any declaration about their right to manage by impleading other members of the Society, then only such a petition under Sec. 23 of the Act can be maintainable without seeking any relief against respondents 1 and 2. In that view of the matter, no infirmity is discernible in the impugned order passed by the trial court requiring correction in exercise of supervisory jurisdiction of this court under Art. 227 of the Constitution of India. The Civil Revision Petition fail and is accordingly dismissed. However, the petitioner is at liberty to file a proper suit before the appropriate court for the appropriate relief as contemplated under Sec. 23 of the Act. ______________ A.GOPAL REDDY,J Dt.1-10-2010 kmr