IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24 of 2009 Between: P.Solomon S/o Late Abraham A.C Nagar Nellore Sri Pottisreeramulu Nellore District ..... PETITIONER AND 1 The District Registrar Registration & Stamps Sri Pottisreeramulu Nellore District Nellore District 2 Rev. Nakka David S/o. Jesudas Christian Bishap President(South Andhra Luthem Church) East Mission Compound Near Maternity Hospital Tirupathi Chittoor District 3 Rev. Prasad S/o K.Ratnam Christan Bishap President(South Andhra Luthem Church) West Mission Compound Near Maternity Hospital Tirupathi Chittoor District .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more in the nature of Mandamus or any other appropriate writ declaring the action of the 1st respondent in not initiating any action against the Respondents 2&3 herein for their mismanagement including enrolling the bogus members in South Andhra Luthem Church Nellore and allowing the respondents 2 and 3 in conducting elections to the Managing Commitee of the South Andhra Pradesh Luthern Church Nellore based on the bougs voters list on 13th and 14 th of January 2009 as illegal arbitrary and consequentially direct the 1st respondent to act upon the representations dt 05-08-2008 16-08-2008 and 27-12-2008 of the petitioner and pass appropriate orders before the said elections irrespective of his vide letter dt 25-08-2008. Counsel for the Petitioner:MR.K.ANANDA RAO Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.24 of 2009 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the 1st respondent in not initiating any action against respondents 2 and 3 herein for their mismanagement including enrolling bogus members in South Andhra Luthern Church, Nellore, and conducting elections to the Managing Committee of the South Andhra Luthern Church, Nellore, based on the bogus voters list, on 13th and 14th of January 2009, as illegal and arbitrary, and consequently direct the 1st respondent to act upon the representations of the petitioners, dated 05-08- 2008, 16-08-2008 and 27-12-2008 and pass appropriate orders before the said elections, irrespective of his letter, dated 25-08-2008. It is stated that the petitioner made a representation, dated 16-08- 2008, before the 1st respondent requesting to set right the membership record as per the byelaws of the South Andhra Lutheran Church Society and conduct Elections to the said Society. The 1st respondent, vide his letter, dated 25-08-2008, stated that the Registrar has no power to control the affairs of the Society as per the provisions of Sections 7 and 8 of the A.P.Societies Registration Act, 2001 and every dispute has to be resolved under Section 23 of the Act either under the provisions of Arbitration and Conciliation Act or on an application filed before the District Court concerned. Dissatisfied with the said letter, the petitioner made another representation, dated 27-12-2008, requesting the 1st respondent to verify the members list of South Andhra Lutheran Church as per the bye-laws and to restrain both groups from conducting elections. Heard the learned counsel for the petitioner and perused the material papers. All societies formed prior to the Act 35 of 2001 are deemed to have been registered under the Act 35 of 2001 and the provisions of the said Act shall apply. The powers of the Registrar under the said Act is only to register the Society on payment of the fee and issue certificate of registration and also to enter the certificate of registration in the register, and on refusal to register the Society, an appeal can be filed before the Government, and except registration of the Societies formed in accordance with the provisions of the Act, there are no other supervisory powers to the Registrar. The Society can be amalgamated and can be divided also, and the Civil Court alone can pass orders for dissolution or amalgamation or division or winding up of the Society. Under Section 23 of the Act, 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 the Arbitration and Conciliation Act, 1996, or may file an application in the District Court concerned and the said Court shall, after necessary inquiry, pass such order as it may deem fit. Therefore, I am of the opinion that the Registrar has no power or authority to settle any dispute with regard to the membership of voters list or any affairs of the Society. Therefore, the writ petition is misconceived and is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ___________ 07-01-2009 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}