The Registrar of Societies lacks the authority to cancel registrations of societies under the Societies Registration Act, 1860 without appropriate statutory provisions.

JUDGMENT

Prathiba M. Singh, J. (Oral)--This hearing has been done in physical Court. Hybrid mode is permitted in cases where permission is being sought from the Court.

2. The Petitioner in WP(C) 3265/2020 is a society registered under the Tamil Nadu Societies Registration Act, 1975. Its registration dates back to 18th May, 1967 with the name - The Indian Veterinary Association. The elections to this body were last held in 2019 wherein Dr. Chirantan Kadian, who has filed the present petition, was appointed as the President of the Association. The President is stated to be currently holding his position as and the society is fully operational.

3. The Petitioners in WP(C) 3402/2020 are Trustees of Lal Bahadur Shashtri Educational Trust, which owns the institute M/s Lal Bahadur Shashtri Institute of Management. The allegation against the Respondent in this petition is that a co-trustee of the said Trust has, to deceive the general public, registered a society by the same name i.e., Lal Bahadur Shashtri Educational Society, in accordance with the Society Registration Act, 1860.

4. The challenge in these petitions is to the registration of identically named organisations in Delhi as Societies - i.e. `Indian Veterinary Association' in WP (C) 3265/2020, and `Lal Bahadur Shashri Educational Society' in WP (C) 3402/2020, under the Societies Registration Act, 1860. The main question is as to whether the Registrar of Societies has the power to cancel the registration of a society, under the Societies Registration Act, 1860. This Court has heard these matters from time to time.

Submissions of Mr. Sardavinder Goyal, ld. Counsel for Petitioner in WP(C) 3265/2020

5. In WP(C) 3265/2020, Mr. Sardavinder Goyal, ld. Counsel, appears for the Petitioners. He submits that Dr. Radhey Shyam Sharma, Respondent No.5 along with Dr. Umesh Chander Sharma - Respondent No.6, got a society registered with an identical name, namely, `Indian Veterinary Association' in Delhi. He submits that to obtain the said registration, an affidavit was filed by Mr. Radhey Shyam Sharma dated 14th July, 2017 with the Registrar of Societies, claiming that there is no society, which is identical or resembling to the Respondent's society. On the strength of this affidavit, approval of registration was granted by the Registrar of Societies, Delhi on 5th March, 2019.

6. Upon becoming aware of the registration of the Respondent No.4- Association, the Petitioner submitted an application to the Registrar of Societies with a request for cancellation of the said registration, on 16th September, 2019. The Registrar of Societies, upon receiving the application of the Petitioner issued a show-cause notice to the Respondent Nos. 4, 5 and 6 calling upon them as to why the registration of the society ought not to be cancelled and why a wrong affidavit was filed. The Respondent Nos. 5 and 6 filed their reply to this show cause notice, and the stand taken was that no false affidavit had been submitted as the only statement made in the said affidavit was that no society existed with an identical name in their locality. A further stand was taken in the reply to the said show cause notice that the Petitioner- Association is no longer functional. Thus, the Registrar of Societies, Delhi sought an explanation from the Petitioner-Association in respect of the same. Thereafter, a detailed explanation was furnished by the Petitioner-Association explaining the same, however, the Registrar of Societies,