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
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:
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:
Respondent No.3 is, therefore, directed to receive the annual list for the year 2019-20 a
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The District Registrar has no authority to reject or inquire into the validity of annual member lists submitted by societies under the Societies Registration Act, 2001.
Section 4-B of Act, 1860, Registrar is not supposed to make adjudication of dispute of correctness of membership like a Court but whenever a list is submitted or there is any change in the list of me....
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