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2015 Supreme(Pat) 1320
IN THE HIGH COURT OF JUDICATURE AT PATNA
SHIVAJI PANDEY, J.
Sulabh International Social Services Organization – Petitioner
Versus
The State of Bihar through the Secretary-cum-Inspector General of Registration and Others – Respondents
Civil Writ Jurisdiction Case No. 3384 of 1997
Decided On : 05-10-2015
For the Petitioner: Mr. M.L. Verma, Mr. Syed Alamdar Hussain, Mr. Shashi Bhushan Kumar, Mr. Sanjeet Kumar and Mr. Sanjeet Kumar.
For the State : Mr. S. Arshad Alam and Mr. Fakhruddin Ali Ahmad.
The main legal point established in the judgment is that the Inspector General of Registration has the power to examine the affairs of a society and to delete provisions that are inconsistent with the aims and objects of the society, even if the exercise of power of review and revision is not within a reasonable time.
Headnote:
SOCIETIES REGISTRATION ACT - CHALLENGE TO DELETION OF BYE-LAWS PROVISION FOR ASSOCIATE MEMBERS - SECTIONS 15, 12A, 12B OF THE ACT - The court examined the challenge to the deletion of the provision for associate members in the bye-laws of a society registered under the Societies Registration Act. The petitioner, a social service organization, contested the order of the Inspector General of Registration, Patna, which deleted the provision for associate members with retrospective effect. The petitioner argued that the Inspector General of Registration did not have the power to delete the provision without a proposal from the society and that the deletion was not sustainable in law. The petitioner also contended that the provision for associate members was prevalent under the Act and allied Acts, and the denial of voting rights to associate members did not make the provision illegal. The court examined the relevant provisions of the Societies Registration Act, including Sections 15, 12A, and 12B, and the Bihar Societies Registration Rules, specifically Rules 12 and 13. The court held that the Inspector General of Registration had the power to examine the affairs of the society and to delete provisions that were inconsistent with the aims and objects of the society. The court also noted that the power of review and revision should be exercised within a reasonable time, but in this case, the exercise of power after a long period was justified due to the nature of the provisions and their impact on the society. The court dismissed the writ petition, finding no merit in the challenge.
Fact of the Case:
The petitioner, a social service organization registered under the Societies Registration Act, challenged the deletion of the provision for associate members in its bye-laws by the Inspector General of Registration, Patna. The petitioner contended that the deletion was not sustainable in law and that the Inspector General of Registration did not have the power to delete the provision without a proposal from the society.
Finding of the Court:
The court found that the Inspector General of Registration had the power to examine the affairs of the society and to delete provisions that were inconsistent with the aims and objects of the society. The court also noted that the power of review and revision should be exercised within a reasonable time, but in this case, the exercise of power after a long period was justified due to the nature of the provisions and their impact on the society. The court dismissed the writ petition, finding no merit in the challenge.
Issues: The issues before the court included the authority of the Inspector General of Registration to delete the provision for associate members in the society's bye-laws, the legality of the provision for associate members, and the exercise of power of review and revision by the Inspector General of Registration.
Ratio Decidendi: The court held that the Inspector General of Registration had the power to examine the affairs of the society and to delete provisions that were inconsistent with the aims and objects of the society. The court also noted that the power of review and revision should be exercised within a reasonable time, but in this case, the exercise of power after a long period was justified due to the nature of the provisions and their impact on the society.
Final Decision: The court dismissed the writ petition, finding no merit in the challenge to the deletion of the provision for associate members in the society's bye-laws.
SHIVAJI PANDEY, J.
1. Heard the parties.
2. In the present writ petition, petitioner is challenging the order dated 29.9.1996 issued under the signature of the Inspector General of Registration, Patna (respondent no.2) as well as his order vide memo no.1991 dated 24.6.1996, contained in Memo No.1991 by which amendment in the bye-laws of the Society for admission of Associate Members which was allowed by the order dated 8.4.1991 has been deleted with retrospective effect.
3. The petitioner is a Social Service Organization engaged in social service on voluntary basis registered under the Societies Registration Act, 1860 (hereinafter referred to as “the Act”). At the earliest the Sulabh International Social Service Organization (petitioner) was registered under the Act as Sulabh Swachcha Sauchalaya Shikshan Sansthan in the year 1970-71, later on it was renamed as Sulabh Sauchalaya Sansthan in the year 1972, later on Sulabh International in the year 1981 and after renaming it started different social works in various field, later on renamed as Sulabh International Social Services Organization.
4. In the year 1989, the organization in its Special General Body Meeting resolved to make necessary alteration in the byelaws and vide its resolution dated 5.3.1989 made an amendment in the bye-laws thereby made provision for Associate Members providing the requisite qualification of Associate Member, if any person who has completed 18 years of age may offer his/her fulltime or part-time voluntary services for the social work of the Sulabh International on a form prescribed by the executive Committee on payment of admission fee of Rs.10/- and also provided annual subscription for each member for Rs.10/- only. It further provides that the enrolled Associate Member of Sulabh International can be utilized in any capacity any where in the interest of organization. Any associate member devoting substantial time for the work of the Sulabh International, the Sulabh International may pay honorarium to such member which may be decided by the Executive Committee from time to time. The payment of honorarium shall not be binding on Sulabh International even if any associate member of the Sulabh International devotes substantial time for the fulfillment of the object of the Society. The cadre of associate members shall be distinct and separate from that of the members of Sulabh International. Associate Member, admitted to the Society shall also be as “Sulabh Volunteer” who will continue to be an Associate Member till he/she expresses his/her desire to withdraw his/her social voluntary service or the committee or its authorized representative refuses to acknowledge her/her social voluntary service any further without prior notice/intimation. The decision of Executive Committee shall be final in respect of termination of social service and the same shall not be agitated in any court of law. The associate member shall not have the right to cast vote at the annual General Meeting/Extra ordinary meeting and likewise, the associate member shall not enjoy the right and privileges like a member of the Society, Sulabh International, within the meaning of Section 15 of the Act. The resolution was accepted by the General Body and the same was sent to the Registrar General, Bihar, Patna for its incorporation.
5. The Inspector General of Registration after proper scrutiny, enquiry and verification issued an order vide letter/order dated 11.4.1991, allowed the amendment of the bye-laws (Annexure-4 to the writ petition) where it has been provided that in view of the resolution of the General Body meeting dated 5.3.1989 and 5.4.1989 the bye-laws was amended and proposed amendment was incorporated in the bye-laws. Subsequently in the General Body meeting dated 4.10.1994 the resolution was passed for changing its name from Sulabh International to Sulabh International Social Services Organization and the same was communicated to the Inspector General of Registration
