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2018 Supreme(AP) 717

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
THOTTATHIL B. RADHAKRISHNAN, T. RAJANI, JJ.
Mokkapati Chandra Sekhar Rao & Others - Appellants
Versus
Pragathi Educational Society & Others - Respondents
Writ Appeal Nos. 502, 980 & 16816 of 2018 & I.A. Nos. 2 & 3 of 2018
Decided On : 19-09-2018

Advocates Appeared:
Venkateswarlu Nimmagadda, Raja Reddy Koneti, GP.

Headnote:

Constitution of India, 1950 – Article 226 – Arbitration and Conciliation Act, 1966 – Section 9 and 23 – Appeal against order passed by Learned judge – Condonation of Delay – When District Court can adjudicate matter –Whether directions issues – Challenged – Held, Matters relating to Society, including disputes arising among members touching membership, constitution of management committee and officers who are entrusted with management and affairs of Society – Therefore, if there is any dispute as to correctness of list of members, which is to be furnished to Registrar in terms of Section 9 of Act, or if there is any dispute relating to identity of persons, members of managing committee and officers entrusted with management of affairs of Society, all such disputes can be resolved only by recourse to Section 23 of Act, which provides a duel mode for disputes resolution that is to say, by taking recourse to arbitration under Arbitration and Conciliation Act, 1966 or by recourse to adjudication by District Court – Appeals are ordered directing Registrar shall not decide any dispute relating to contents of list furnished by either side, but will continue to keep on register; list furnished to that Officer at earlier point of time in terms of directions issued by this Court – Writ Petition closed. (Para11 and 12)

Facts of the Case:

Writ appeals stand with applications to grant leave to appeal against orders of learned single Judge.

Findings of the Case:

Matters relating to Society, including disputes arising among members touching membership, constitution of management committee and officers who are entrusted with management and affairs of Society – Therefore, if there is any dispute as to correctness of list of members, which is to be furnished to Registrar in terms of Section 9 of Act, or if there is any dispute relating to identity of persons, members of managing committee and officers entrusted with management of affairs of Society, all such disputes can be resolved only by recourse to Section 23 of Act, which provides a duel mode for disputes resolution that is to say, by taking recourse to arbitration under Arbitration and Conciliation Act, 1966 or by recourse to adjudication by District Court – Appeals are ordered directing that Registrar shall not decide any dispute relating to contents of list furnished by either side, but will continue to keep on register; list furnished to that Officer at earlier point of time in terms of directions issued by this Court

Result: Writ Petition closed

JUDGMENT :

1. The writ appeals stand with applications to grant leave to appeal against the orders of the learned single Judge in WP.No.1191 of 2018 dated 18.01.2018 and IA.No.1 of 2018 in WP.No.16816of.2018 dated 02.05.2018 respectively.

2. Heard the learned counsel for the appellants and the learned Government Pleader for Revenue appearing for the official respondents in the light of the materials on record.

3. Leave granted in both the appeals. Delay condoned in preferring appeal against order in WP.No.1191 of 2018.

4. In the light of the backdrop of the rival pleadings, it can be seen that the Pragathi Educational Society (hereinafter ‘Society’. tor short) is a Society with Registration No.378/2001 registered with the District Registrar, Narasaraopet Division, Guntur District under the A.P. Societies Registration Act, 2001 (‘Act’ for short).

5. The two writ petitions are piloted by two rival group members of the society. WP.No.1191 of 2018 was filed before the learned single Judge in the wake of alleged refusal’ of the District Registrar to act on’ the annual list provided by the persons, who are interested as petitioners in that writ petition. The learned single Judge directed that the list has to be dealt with in accordance with Section 9 of the Act and the said list was directed to be taken up. Pending application for leave to appeal against that order, the rival group filed WP.No.16816 of 2018 in which also certain direction is issued.

6. The controversy through these two writ appeals with applications seeking leave to appeal is as to what would be the efficacy of the orders issued by the learned single Judge and also whether those orders are eligible to stand on the basis of the provisions of the Act and the jurisdiction under Article 226 of the Constitution of India.

7. Section 9 of the Act provides for filing of annual list. It says that every year the society shall, within 15 days from the date of which the General Body Meeting was held, furnish a list to the Registrar of Societies, which shall contain the names and address of the members of the Managing Committee and the officers entrusted with the management of the affairs of the society. The statutory obligation of a registered society to file annual list in terms of Section 9 of the Act is not coupled with any duty, power or responsibility with the Registrar to adjudicate on any controversy or disputes arising out of the contents of the materials so filed. Obviously, therefore, the direction of the learned single Judge in WP.No.1191 of 2018 to take up the list filed by or on behalf of the petitioner in that case would only have such efficacy as to ensure that the said list has to be on record with the Registrar.

8. The subsequent writ petition is instituted, after the petitioner in the said writ petition had applied for leave to appeal against the order in WP.No.1191 of 2018, however, without disclosing the order in WP.No.1191 of 2018. The learned counsel for the petitioner in WP.No.1191 of 2018 argued for the position that WP.No.16816 of 2018 is liable to be dismissed on the ground of suppression of material facts and no relief ought to have been granted in that writ petition. We notice that the order issued in WP.No.16816 of 2018 is also not something beyond a direction to maintain the list with the Registrar, in terms of Section 9 of the Act, as interpreted in paragraph No.7 above.

9. As of now, the list provided by the petitioner in WP.No.1191 of 2018 is maintained with the Registrar and the list filed by the petitioner in WP.No.16816 of 2018 is also with the Registrar. In terms of the contents of Section 9 of the Act, the Registrar has no jurisdiction to decide any dispute between any of the members of the society or any group of members of that society. See for support: MUSLIM WELFARE SOCIETY v. ASST. REGISTRAR OF FIRMS, SOCIETIES AND CHITS, VARANASI [AIR 1992 ALL 43].

10. Section 23 of the Act provides for resolution of dispute regarding management. It reads as fo




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