CWP No.1743 of 2007 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1743 of 2007 Date of decision: January 28, 2009. Ghasi Ram Gathwal Khap Panchayat, Ahulana ...Petitioner(s) v. District Registrar, Firms and Societies, Sonipat & Anr. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Harkesh Manuja, Advocate for the petitioner. Shri R.D. Sharma, Deputy Advocate General, Haryana. Shri Yesh Paul Malik, Advocate respondent(s) No.2. ORDER Surya Kant, J. - (Oral): In this civil writ petition, the petitioner seeks quashing of the orders dated 27.6.2006 and 7.11.2006, Annexures P-10 & P-13 respectively, passed by the District Registrar, Firms and Societies, Sonepat whereby the registration of the Society, known as Shri Ghasi Ram Gathwala Panchayat Parishad, Ahulana (Gohana), District Sonepat, has been cancelled and application for review of the said order has also been dismissed. The petitioner impugns the above mentioned orders primarily CWP No.1743 of 2007 -: 2 :- on the ground that once a Society has been registered under Section 3 of the Societies Registration Act, 1860 prior to its amendment dated 12.4.2007, the Registrar Societies was not clothed with any power to cancel such registration. Learned Counsel for the parties, however, do not dispute that the State of Haryana vide Haryana Act No.14 of 2007 has carried out an amendment in the Societies Registration Act, 1860 thereby incorporating Section 12-E which reads as follows:- “12E. Registrar's power to cancel registration in certain circumstances.- (1) Notwithstanding anything contained in this Act, the Registrar may, by order in writing, cancel the registration of any society on any of the following grounds.- (a) that the registration of the society or of its 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 of the objects of the society or opposed to public policy; (c ) that the registration certificate has been obtained by misrepresentation or fraud; (d) that the society is carrying on any unlawful activity or allows unlawful activity to be carried on within any premises under the control of the society: Provided that no order of cancellation of registration of any society shall be passed until the society has been given a reasonable opportunity of altering its name or object or of showing cause against the action proposed to be taken in regard to it. (2) An appeal against an order made under sub-section (1) may be preferred to such authority and within such time and in such manner as may be prescribed. CWP No.1743 of 2007 -: 3 :- (3) The decision of the authority under sub-section (2), shall be final.” The above stated provision has come into force with effect from 12.4.2007. As agreed to between Learned Counsel for the parties, this writ petition is allowed to the extent that the impugned orders dated 27.6.2006 and 7.11.2006 (Annexures P-10 & P-13), which were passed prior to the new provision came into force on 12.4.2007, are set aside and the matter is remitted to the District Registrar, Firms & Societies, Sonepat to take a fresh decision in the matter under Section 12-E of the Act, as introduced by Haryana Act No.14 of 2007 and in accordance with law. The matter shall be re-decided after hearing the parties concerned within a period of three months from the date of receipt of a certified copy of this order. As an abundant precaution and keeping in view the larger public interest, the parties to the lis are directed to maintain status quo with regard to possession as well as creation of third party rights in respect of the moveable and immovable assets of the Society. The parties are directed to appear before the District Registrar, Firms & Societies, Sonepat on 03.03.2009. Dasti. January 28, 2009. [ Surya Kant ] kadyan Judge