Back
Karnataka High Court
Shimoga Zilla Madivala Sangha - Appellant
Versus
District Registrar,for Societies and Associations,shimoga District - Respondent
Decided On : 06-10-03
W.P. : 11532 of 2000
KARNATAKA SOCIETIES REGISTRATION ACT, 1960 - Sections 27 and 5, 6, 7 -Cancellation of registration of society -application made for registration -complaint by a rival group filed -no case made out under Section 27 -registration cancelled -whether permissible? No. Once the society is registered, its cancellation by the registering authority except for reasons under Section 27 amounts to review of his own order -order of cancellation quashed.
[H. Rangavittalachar, J.]- Apart from Sec 27 of the Act, there is no other provision in the act that confers such a power on the Registrar. In other words, there is no power to order for cancellation of Registration of an already registered society on the grounds stated in Section 7 with the only exception of Section 27 Conferring such a power would amount to providing him the authority to review his order passed under Sec 7 of the Act. Such a power must be expressly conferred by the statutes and there cannot be any such inherent power to do so.
( 1 ) THE Shimoga Zilla Madivala Sangha by its President and the Secretary have filed this Writ Petition challenging the order of the District Registrar of Societies, Shimoga vide Annexure F dated 23-2-2000 recalling his earlier order passed by him on 24. 10. 1998 in exercise of his powers u/s 7 of Karnataka Societies Registration act, 1960 (Hereinafter referred to as THE ACT for brievity)
( 2 ) FEW facts relevant for disposal of this Writ Petition are as under: the President and several other Members of the Shimoga Zilla madivala Sangha constituted a society called as Shimoga Zilla madivala Maha Sangha respondent No. 2 herein which was registered with Registration No. 18/73-74. During the year 1998 disputes arose between the members of the said society, as a result some of the members of the said society including the present president and the Secretary of Petitioner s Society resigned and formed a parallel society under the name of Shimoga Zilla Madivala sangha , prepared separate byelaws and applied for registration to the first respondent. First respondent in exercise of his powers under section 7 of the Act by order dated 24. 10. 1998 in No. 170 SOR smg/98-99 registered the society in the said name. On account of similarity in the names of the petitioner and the second respondent, society disputes again arose as a result of which certain civil suits came to be filed and withdrawn. As a sequel to the said dispute, second respondent filed a complaint before the Registrar seeking for recalling the order passed on 24-10-1998 ordering for registration of the petitioner society. The Registrar has recalled the order of registration granted to petitioners society by his order dated 24-10-1999.
( 3 ) THIS order is under challenge.
( 4 ) A detailed statement of objections has been filed by respondents. According to the second respondent, petitioner obtained the registration by giving a false declaration vide Annexure R 5 dated 12-10-1998 stating that there is no other society bearing a similar name to that of the petitioner society. It is on account of this declaration the Registrar has recalled the order.
( 5 ) THE State Government has defended the order. The contention of Sri Rajgopal learned Counsel for the writ petitioner is that once the District Registrar exercises the power under section 7 of the Act and grants registration, there is no power available to him to recall the said order under the scheme of the societies Registration Act except in cases covered by Section 27 of the Act. This is not a case where circumstances under Section 27 existed and necessitated the Registrar to exercise that power. Therefore the order of the Registrar at Annexure F is without jurisdiction.
( 6 ) ON the other hand Sri Venkatachala learned Counsel for the contesting respondent No. 2 submitted whenever a party by misrepresentation obtains an order, such an order is nullity in the eye of law and can always be recalled.
( 7 ) FOR proper appreciation of the contentions, it is necessary to refer to the relevant provisions of Karnataka Societies Registration act regarding the legal requirement of registration and the powers of Registrar to cancel registration. Karnataka Societies Registration act requires and provides for registration of societies sought to be established by a group of persons for literary development, charitable, scientific purposes and other activities. Sections 5 and 6 of the Act enables seven or more persons who are above the age of 18 years to form an association by subscribing to a Memorandum of association and to submit the application annexing the Memorandum of Association or byelaws to the jurisdictional Registrar of Societies for registration. The Registrar if he considers that the objects of the society is lawful and otherwise fulfills all the requirements of law may register the society. Even if the above requirements are full filled, but if he finds the name of the society sought to be registered
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
