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2017 Supreme(Pat) 424

IN THE HIGH COURT OF PATNA
AJAY KUMAR TRIPATHI and RAJEEV RANJAN PRASAD, JJ.
(4.9.2017)
LPA Nos. 242 of 2016 Arising out of CWJC No. 3384 of 1997
Sulabh International Social : Petitioner
Service Organization
Vs.
The State of Bihar & Ors. : Respondents

Advocates:
For the Appellants : M/s P.K. Shahi, Shashi Bhushan Kumar.
For the Respondents: Mr. Dhirendra Kumar.

Headnote:Societies Registration Act, 1860–Sections 12A, 12B and 13 read with Bihar Societies Registration Rules, 1965–Rules 12 and 13–Change of name of the society from "Sulabh International" to "Sulabh International Social Services Organization"–In the process of granting approval to the resolution for change of name, the I.G. of Registration on looking into the provisions of the bye-laws of the Society or Organization noticed that the concept of Associate Membership was introduced in the year 1991 with an intention to bring the entire work force of the Society/Organization on the roll as Associate Members and thereby depriving them benefits of labour legislation and other privileges as also taking away their rights to agitate their claims before a competent court of law–By the impugned order, the I.G. Registration deleted the bye-laws provisions relating to Associate Membership, the same being against the principle of equality before law–The I.G. Registration rightly travelled to the extent it was permissible by virtue of Rules 12 and 13 of the Rules–LPA dismissed. (Para 10.3)

       (2011) 13 SCC 774; 2010 Law Suits Patna 381; (1997) 3 SCC 681; (1971)3 SCC 844; (2010)9 SCC 437–Referred.

RAJEEV RANJAN PRASAD, J.:–Heard Mr. P.K. Shahi, learned Senior Counsel for the appellant, and Mr. Dhirendra Kumar, learned counsel appearing for the State.

2. The present Letters Patent Appeal has arisen out of the judgment dated 05.10.2015 passed by a learned Single Judge of this Court in CWJC No. 3384 of 1997. By the impugned judgment, the learned Single Judge has refused to set aside the order / communication dated 28.09.1996 (Annexure-1 to the Writ Application) and the order vide Memo No. 1991 dated 24.06.1996 (Annexure-2 to the Writ Application) issued under the signature of the Secretary to the Inspector General of Registration, Bihar and Inspector General of Registration, Bihar, Patna (respondent no. 2) respectively.

3. By Annexure-1 the Secretary to the Inspector General of Registration has communicated to the petitioner that the Inspector General of Registration has rejected the letters sent by the petitioner. Reference has been made to the letter no. SISO/B/217-196-27 dated 24.04.1996. Respondent no. 2 vide his letter no. 1991 dated 24.06.1996 communicated to the Chairman, Sulabh International that upon analysis of the provisions relating to ‘Associate Members’ contained in the bye-laws of Sulabh International (hereinafter referred to as the Society / Organization / petitioner), the registration department has found those provisions contrary to the principles of law and equality, as such the same has been withdrawn.

4. The facts as appearing from the records would show that the petitioner Organization was earlier registered under Societies Registration Act, 1860 and Rules framed thereunder as ‘Sulabh International Social Services Organization’ sometime in the year 1971. The Organization claimed itself to be a Social Service Organization engaged in social services on voluntary basis. The Organization was renamed, thereafter and while it was working in the name and style of ‘Sulabh International’ after change of name in the year 1981, a resolution came to be passed in the Special General Body Meeting of the Organization on 05.03.1989, which was later on approved by the General Body on 05.04.1989. The said resolution proposed to incorporate a concept of Associate Membership by amending the bye-laws of the Organization. The provisions relating to Associate Members which was sought to be incorporated in the bye-laws are quoted hereunder for a ready reference:—

“Associate Member:—(i) any person who has completed 18 years of age, may offer his/her full-time or part-time voluntary services for the social work of the Sulabh International on a form prescribed by the Executive Committee.

(ii) The Executive Committee or any other functionary of the Sulabh International, which has been so authorized by the Committee, may accept his/her voluntary services as associate member subject to the terms and conditions given herein below:-

A: The prescribed application form must be duly filled in by the applicant and should be accompanied with an admission fee of Rs.10/- only, refundable in the event of non-acceptance of membership.

B: Annual subscription of Rs.10/- only shall be payable by the members.

C: No one can claim admission to the society, Sulabh International, as a matter of right on payment of prescribed subscription or admission fee.

D: The option to grant or refuse admission lies with the executive body of the society.

E: After all the formalities are completed, the applicant shall be issued a letter of acceptance of his/her voluntary social services along with an Identity Card (which shall be prescribed by the Committee). The applicant shall be enrolled as an associate member of the Sulabh International and his/her voluntary services may be utilized in any capacity anywhere in the interest of the organization. Any Associate Member, devoting substantial time for the work of the International, the International may pay honorarium










































































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