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2003 Supreme(AP) 741

Andhra Pradesh High Court
Judges : D.S.R.VERMA
A.P.Kuruma Sangham Society - Appellant
Versus
Registrar of Societies, A.P. - Respondent
Decided On : 06-18-03

Headnote:

Andhra Pradesh Public Societies (Telangana area) Registration Act, 1350 - Sub-section (4) of Section 8 - Arbitration and Conciliation Act 1996 - Section 23 - Voting alter its bye laws - Relevant statute amendments - Certify registration – Petitioner society approach the District Court concerned challenge in this writ petition - As provided relevant statute amendments were brought in to bye-Laws of society from time to time in that course an amendment was contemplated to t Bye-laws of society - Consequently a General Body meeting was convened on and a Committee consisting of nine members was also constituted in that regard and said committee went into various aspects of matter and recommended amendment to existing Bye-laws of society – Held, Impugned letters am convinced that provisions of Act have totally misconstrued by respondent - Respondent to consider letters addressed by society to respondent in light of provisions of Act inasmuch as said letters are relating to only amendment of memorandum of society by way of resolution - Only duty cast upon respondent which is explicitly made clear is that respondent shall examine as to whether such resolution is inconsonance with provisions of Act or not - Therefore impugned letter is liable to be set aside and accordingly same is set aside - respondent is directed to consider said letters of society in light of provisions contained - Writ Petition allowed

D. S. R. VARMA, J.

( 1 ) THE letter No. 2/276/2002, dated 29-04-2002, issued by the Registrar of Cooperative Societies, Andhra Pradesh, hyderabad the respondent herein, advising the petitioner-society (for short "the society") to approach the District Court concerned, is under challenge in this writ petition.

( 2 ) THE factual background is that the society was originally registered under the andhra Pradesh Public Societies (Telangana area) Registration Act, 1350 Fasli (presently the Andhra Pradesh Societies Registration act, 2001 ). As provided under the relevant statute, amendments were brought in to the bye-Laws of the society from time to time, in that course, an amendment was contemplated to the Bye-laws of the society. Consequently, a General Body meeting was convened on 22-12-2001, and a Committee consisting of nine members was also constituted in that regard and the said committee went into various aspects of the matter and recommended amendment to the existing Bye-laws of the society. Thereafter, the said amendment has been placed before the General Body meeting and a resolution has been passed by majority of members suggesting certain amendments, which were forwarded to the competent authority under the Act i. e. , the respondent herein. The procedure as contemplated under sub-section (4) of Section 8 of the Act was adopted. Thereafter, with certain suggestions, the said resolution has been sent back to the society for fresh consideration. Accordingly, another General body meeting had been convened on 24-03-2002 and again the earlier recommendations as regards amendment to the Bye-Laws have been passed and the same were forwarded to the competent authority i. e. , the Registrar as contemplated under sub-section (4) of Section 8 of the Act. By way of reminder, the society had addressed a letter, dated 03-04-2002, to the respondent and in response to the said letter, the present impugned proceedings have been issued advising the society to approach the District Court concerned.

( 3 ) IN this background, it is necessary to refer to the relevant provisions of the Act to the extent relevant: section-8:8 (1): By a "special Resolution" a society may alter the provisions of the memorandum with respect to,- (A) change of objectives of the society; (B) to amalgamate itself with any other society; or (C) to divide itself into two or more societies. (2) Subject to the provisions of this Act, and the conditions contained in its memorandum, a society may, by an ordinary resolution passed by not less than 1/2 (half) of the members present and voting alter its bye- laws. (3) Any alteration of the memorandum of the society shall not be valid unless such alteration is registered under this Act. (4) If any alteration of the memorandum is filed with the registrar and if they are not contrary to the provisions of this act, he shall register the same and shall certify the registration of such alteration under his hand and seal within thirty days from the date of receipt of the resolution. The certificate shall be conclusive evidence that all the requirements of this Act with respect to the alteration and the certification thereof have been complied with and henceforth the memorandum as so altered shall be the memorandum of the society. (5) Every alteration in the bye-laws of the society should be sent to the registrar and he shall take it on record if it is not contrary to the provisions of this Act. "

( 4 ) SUB-SECTION (4) of Section 8 of the Act, in particular, is clear on the aspect of registration of any alterations in the bye-laws of a society. It is to the effect that if any alteration of the memorandum is filed, it is incumbent on the Registrar to register the same and certify the registration within thirty days from the date of receipt of the resolution, provided that if it is found that such resolution of the society is not contrary to the provisions of the Act.

( 5 ) SECTION 23 of the Act deals with the disputes, Dissolution and W












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