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2018 Supreme(Del) 17

VIBHU BAKHRU
MAHESHWARI MANDAL (DELHI) – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
For the Petitioner:Mr Abhinav Vasisht, Senior Advocate with Mr Virendra Mehta, Mr Divyakant Lahoti, Ms Priya Singh, Ms Amrita Grover, Mr Parikshit Ahuja, Mr Mukul Gupta, Advocates.
For the Respondent:Mr Satyakam, Mr Arpit Bhatia, Advocate, Mr Kamlesh Kumar, UDC, Mr D.M. Officer/Registrar, Distt. North West,

JUDGMENT :

VIBHU BAKHRU, J

1. The petitioner has filed the present petition, inter alia, impugning an order dated 23.02.2016 (hereafter “the impugned order”) passed by the Registrar of Societies (hereafter the Registrar”), whereby the Registrar has declared the amendments made by the petitioner society to its Rules and Regulations, which were approved/certified on 22.09.2003, 18.05.2004 and 16.03.2007, as void ab initio and nonest. The impugned order was passed on a complaint made by respondent no.3 and it is further alleged that the same was passed without affording the petitioner any opportunity to be heard.

2. The petitioner claims that the Registrar has no power to declare any amendments to its Rules and Regulations as void or nonest and thus, the impugned order is without jurisdiction and authority of law.

3. Briefly stated, the relevant facts necessary to address the aforesaid controversy are as under:-

3.1 The petitioner is a Society registered under the Societies Registration Act, 1860 (hereafter “the Act”). The petitioner was initially registered on 31.05.1984 under the name of Maheshwari Mandal (Uttar Shettra) (Delhi); however, with effect from 24.09.2003, its name was changed


















































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