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2008 Supreme(Gau) 613
IN THE HIGH COURT OF GAUHATI (SHILLONG BENCH)
H. Baruah, J.
Church of God
Vs.
State of Meghalaya And Ors.
WP (C) No. 82(SH) of 2004
Decided On: 22.08.2008
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: K. Khan, Adv.
For Respondents/Defendant: D. Dutta, N.D. Chullai and H.S. Thangkhiew, Advs.
Headnote:
Societies Registration Act, 1983 - Section 11 - MSR Act, 1983 - Sections 10 and 11 - Challenge in this writ petition – Acquired - Illegal and arbitrary - Petitioners society has no nexus whatsoever with Church of God Business Association Assam and Meghalaya Shilling or with Church of God Society – Therefore no occasion could be aroused on part of Church of God Business Association to file objection in registration and continuation of Petitioners association under name and style Administrative Body Church of God – Held, This provision has been made in Act by State Legislature in order to avoid confusion in minds of people when two identical names or two nearly resembling names of any society or body registered or deemed to have been registered under Act or incorporated under any other law for time being in force continue to exist State Government may by an order direct such society to change its name within a period of three months from date of the order or such longer period as it may allow - Church of God Meghalaya and Assam was registered under provisions of Trust Act Shilling while Church of God Society an ancillary body of Respondent and Petitioners society were registered under MSR Act, 1983 - All associations seen to have carried a common wordings Church of God- Therefore name of Petitioners association which formed subsequently appears to be identical with or too resembles with Respondent society/body - Commissioner and Secretary while passing impugned order had considered question of identicalness or too nearly resemblances of Petitioners society and Respondent society and offered acceptable reasons for such direction – Petition dismissed
H. Baruah, J.
1. The order dated 6.11.2003 passed by Commissioner and Secretary, Govt. of Meghalaya, ERTC Department under the provision of Section 11 of Meghalaya Societies Registration Act, 1983 (hereinafter referred as MSR Act, 1983) following an application made by Church of God Business Association, Assam and Meghalaya dated 13.6.2003 is the subject matter of challenge in this writ petition.
2. The brief facts may be summarized as under:
The Church of God, Business Association of Assam and Meghalaya having its headquarters and offices at Shillong came into existence on 8.7.1907 registered under the Sub-Registrar at Shillong as a trust and the said association through public contribution acquired properties etc. and carried out the aims and objectives for which it was formed.
3. Some dispute having been arisen among some of the members of Church of God, Business Association Meghalaya and Assam, a group had broken away on 17.4.1909 and formed an association under the name and style Church of God. Khasi Jaintia, Meghalaya, which was later registered under the Meghalaya Society Registration Act, 1983 (hereinafter referred to MSR Act, 1983) under the name and style, "Administrative Body, Church of God, Khasi Jaintia", Nongthymmai, East Khasi Hills, Meghalaya on the basis of Memorandum of Association and its area of operation within the State of Meghalaya, Rev. N.S. Rangrai, the then President of the Church of God, Business Association submitted a representation before the Registrar of Societies, Meghalaya on 23.3.2000 for conversion of name of the Petitioner's society which was however, rejected holding that the name of the Church of God Upliftment Society is not similar to the Petitioner's society. Being aggrieved thereby, the Church of God, Business Association, Assam and Meghalaya on 5.2.2003 filed an application for review of the order dated 17.5.2002 against which the objection was filed by the Petitioner's society. The Registrar of Societies, Meghalaya, Shillong, summarily rejected the same by an order dated 13.5.2003 on the ground that he had no jurisdiction to review his earlier order. Again on 13.6.2003, Church of God, Business Association, Meghalaya and Assam submitted an application before the Commissioner and Secretary to the Government of Meghalaya, Excise and Taxes Department opposing the registration of the Petitioner's society. Pursuant to filing of such application, the President of Petitioner's society was directed to appear on 23.9.2003 and to show cause as to why the registration of the Petitioner's society should not be cancelled/altered in accordance with the provision of Sections 10 and 11 of the MSR Act, 1983. Objection was filed and the learned Commissioner and Secretary vide impugned order directed the Petitioner's society (Administrative Society, Church of God, Khasi Jaintia) to change its name to another suitable name within a period of three months from the date of the order.
4. Argument at length was heard from the counsel of both parties.
5. Mr. K. Khan, learned Counsel for the writ Petitioner contended that the Respondent No. 3, the Church of God, Business Association, Assam and Meghalaya was registered before the Sub-Registrar, Shillong as a trust while the Petitioner's society was registered under the provisions of MSR Act, 1983 which admittedly bifurcated from due to some differences that arose amongst the members of the society (Church of God, Business Association, Assam and Meghalaya). An attempt was made by the Respondent No. 3 for conversion of the name of the writ Petitioner by filing an application before the Registrar of Societies, Meghalaya which after due consideration was rejected upholding that, the name of the Church of God Upliftment Society is not similar to the Petitioner's society. Therefore the impugned order passed by the Commissioner and Secretary is basically illegal and erroneous which cannot legally sustain. It was submitted by the learned Counsel for the writ Petition
