The Registrar of Societies Registration does not have the power to extend the term of an existing committee.

JUDGMENT

Tarlada Rajasekhar Rao, J. - The present Writ Petition is filed under article 226 of the Constitution of India for the following relief/s:

'.. to issue an order or direction or writ, more particularly one in the nature of Writ of Mandamus, to declare the action of direct the 2nd respondent to continue the present Executive Committee members until the establishment of new offices and framing new-bye laws in the 26 district and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case'.

2. The Writ Petition is filed seeking to direct the 2nd respondent to continue the present Executive Committee members until the establishment of new offices and framing new-bye laws in the 26 Districts.

3. Heard.

4. It is the specific case of the petitioner herein that the General Body meeting was conducted on 14.05.2018 and the petitioner herein along with other executive body members were elected for 4 years term for the year i.e., 2018-2022 on 14.05.2018 and the term expires on 13.05.2022. The unofficial 4th respondent by using his position, power and influence has misappropriated the funds of the a.P.B.a. association for which he lodged a complaint. The police registered the Crime and filed charge sheet for the offences under Sections.406, 420, 477(a), 120-B r/w 34 of Indian Penal Code and the same is pending on the file of the Court of the I additional Chief Metropolitan Magistrate, Vijayawada vide C.C.No.2825 of 2020.

5. It is the further case of the petitioner that the State of andhra Pradesh was converted into 26 Districts. Unless the Executive Body for the 26 Districts is elected, the unofficial 4th respondent cannot conduct elections to elect the governing body. He also further asserted in the Writ affidavit that O.S.No.75 of 2022 was filed on the file of the Court of the Principal Senior Civil Judge, Vijayawada and the Court below was pleased to grant ad-interim Injunction Order dated 13.04.2022 restraining the 2nd respondent, his men, agents and followers from interfering with the peaceful possession of the Office and adjourned the matter to 25.04.2022.

6. It is further submitted that I.a.No.149 of 2022 was also filed and the Court below was pleased to grant Status Quo Order dated 13.04.2022 directing both the petitioner and the 2nd respondent not to conduct the said annual General Body meeting.

7. as per the prayer of the Writ affidavit, the Writ Petitioner sought the relief to direct the 2nd respondent-The Registrar of Societies Registration, District Registrar Office to continue the petitioner and the Executive Committee members until the establishment of new office and till framing of new bye-laws in all the 26 Districts.

8. Under Section 7 of the andhra Pradesh Societies Registration act, 2001 (for short, 'the act') the duty of the Registrar is only to register the Society and he is not vested with the power to give directions. When the 2nd respondent is not vested with the power to extend the existing Committee, this Court cannot direct the 2nd respondent to exercise such power which is not vested with the 2nd respondent.

9. On 12.05.2022, learned counsel for the petitioner moved a Lunch Motion before this Court. This Court while permitting Lunch Motion, granted an interim order dated 12.05.2022 directing the respondents not to finalize the elections, pending disposal of the Writ Petition and further directed the learned counsel for the petitioner herein to take notices on the 3rd respondent and the unofficial 4th respondent.

10. On receiving the notices, the unofficial 4th respondent has filed vacate stay petition and moved a House Motion before Hon'ble Dr. Justice K. Manmadha Rao on 16.05.2022 and the Writ Petition was allotted to me. This Court after hearing the matter for some time, adjourned the matter to 17.05.2022 as there was no representation on behalf of the learned counsel for the petitioner.

11. On a perusal of the material record and the affidavit filed in support o