SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2021 Supreme(AP) 1010

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
D.V.S.S. SOMAYAJULU, J.
Dr.Raghavarao Polavarapu – Appellant
Versus
The State of Andhra Pradesh – Respondent
Writ Petition No.13192 of 2021
Decided on : 21-12-2021

Advocates Appeared:
For the Appellant : N. ASHWANI KUMAR
For the Respondent: T. NAGARJUNA REDDY

Headnote:

Constitution of India, 1950 – Article 226 - Andhra Pradesh Societies Registration Act-2001 - Section 3, 4, 5, 7, 8 - Arbitration and Conciliation Act, 1996 - Section 23 - Registration of a Society - Memorandum and byelaws - Contents of bye-laws of societies - Registration of Societies - Amendment of memorandum and Bye-laws - Whether a “validly” constituted meeting was there or not for accepting the lists and the meeting minutes - Whether a valid General Body Meeting was held or not – Held, Court finds that most of these cases relate to quasi-judicial authorities; tribunals etc., which need these incidental powers to effectively discharge their function. The Societies Registration Act, 2001 does not give such a power to the Registrar under Section 9 of the Act. The difference in the language used in Section 8 (5) of the Act and Section 9 of the Act is a clear pointer in this direction. Lastly even if such power is there; this court finds that the Registrar did not exercise his power properly and that the decision making process is flawed, warranting judicial interference - Writ Petition is partially allowed.

ORDER :

1. This Writ Petition is taken up for hearing with the consent of all the learned counsel. The petitioners before this Court claiming to be the president, vice-president and treasurer of NRI Academy of Sciences (in short “NRIAS”), a Society registered under the Societies Act. They are aggrieved by the action of the 2nd respondent in acknowledging and approving the minutes of a meeting dated 24.06.2021 conducted by the unofficial respondents and at the same time rejecting the proceedings of the meeting dated 24.06.2021 conducted by the petitioners. It is this action of the 2nd respondent in accepting the minutes etc., dated 24.06.2021 of the respondents and rejecting the minutes of the meeting etc., dated 24.06.2021 of the petitioners that is subject matter of the writ. The prayer is as follows:

    “….to issue a writ, order or direction more particularly one in the nature of “Writ of Mandamus” declaring the action of the 2nd respondent in approving the amendment of list of office bearers of the NRIAS Society vide proceedings dated 26.06.2021 which are submitted by Respondent Nos.4 to 10 without considering the amendment application filed by the Petitioners herein on 24.06.2021 and rejecting the same as being illegal, arbitrary, unilateral, in violation of provisions of Andhra Pradesh Societies Registration Act, 2001, in exercise of jurisdiction, in violation of principles of natural justice and in violation of Articles 14 and 19 of the Constitution of India and consequently set aside the proceedings dated 26.06.2021 issued by the 2nd respondent and further direct the 2nd respondent to consider the amendment application made by the petitioners dated 24.06.2021 and pass such other order or orders as this Hon’ble Court deems fit and proper.”

2. This Court has heard Sri B.Adinarayana Rao, learned senior counsel for the petitioners. For the respondents learned senior counsel Sri D.Prakash Reddy, learned senior counsel Sri T. Niranjan Reddy, learned senior counsel Sri V.K. Desh Pande and learned senior counsel Sri S.S.Prasad, appeared. The learned Government Pleader appeared for the 2nd respondent.

3. All the learned senior counsel and the learned Government Pleader appearing for the respective parties have taken great pains and put in a lot of efforts in bringing to the notice of this Court the facts and legal position with reference to the case.

SUBMISSIONS OF SRI B. ADINARAYANA RAO, LEARNED SENIOR COUNSEL APPEARING FOR THE PETITIONERS:

4. Learned senior counsel appearing for the petitioners drew the attention of this Court to the important provisions of the Andhra Pradesh Societies Registration Act, 2001 (in short “the Act”) and raised an issue about the manner and method in which the 2nd respondent has approved the minutes, dated 24.06.2021, of the Extraordinary General Body Meeting dated 24.06.2021 held by the unofficial respondents while rejecting the minutes etc., submitted by the petitioners. Learned senior counsel submits that by this action and by specifically holding that the minutes of the respondents’ meeting are “approved”, the 2nd respondent had acted beyond his jurisdiction. Learned senior counsel points out that simultaneously the 2nd respondent has also “rejected” the minutes of the meeting conducted by the petitioners. It is this action of the 2nd respondent of approving and rejecting the documents file, which is the subject matter of the Writ Petition.

5. Learned senior counsel drew the attention of this Court to the order passed in W.P.No.2179 of 2021, wherein learned single Judge clearly held in his order dated 29.01.2021 as follows:

    “In terms of provisions contained under Section 9 of the A.P. Societies Registration Act, 2001, the District Registrar of Societies has no competence to undertake scrutiny of the particulars furnished to him, but is only required to note the information furnished to him under Section 9 of the Act.

Respondent No.3 is, therefore, directed to receive the annual list for the year 2019-20 a

                    Click Here to Read the rest of this document
                    1
                    2
                    3
                    4
                    5
                    6
                    7
                    8
                    9
                    10
                    11
                    SupremeToday Portrait Ad
                    supreme today icon
                    logo-black

                    An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

                    Please visit our Training & Support
                    Center or Contact Us for assistance

                    qr

                    Scan Me!

                    India’s Legal research and Law Firm App, Download now!

                    For Daily Legal Updates, Join us on :

                    whatsapp-icon Back to top