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IN THE HIGH COURT OF GAUHATI, KOHIMA BENCH
L.S. JAMIR, J.
Merang Jamir and Anr. - Petitioners
Versus
State of Nagaland and Ors. - Respondents
WP(C) No. 155(K) of 2016
Decided On : 19-08-2017
Societies Registration (Nagaland Second Amendment) Act, 1984 – Section 3(1) – Societies Registration Act, 1860 – Section 23 – Registration of the Nagaland Rifle Association – Cancellation of – Writ petition is directed against the order issued by the Secretary to the Government of Nagaland and Ex-Officio Registrar of Societies, Nagaland whereby, the registration of the Nagaland Rifle Association petitioner No. 2 was cancelled. – Held, Show cause notice clearly shows that the complaint made by the NSRA amongst others is that NRA is having a similar name with similar aims and objects with the NSRA. – Finding of respondent No. 2 in the order passed by the respondent No. 2 would also indicate that a conclusion was arrived at that two similar societies with similar aims and objects is not permissible as per the Societies Registration Act. – Respondent No. 2, therefore, has wrongly interpreted the terms ‘identical’ and ‘similar’. – In that view of the matter, here has been wrong interpretation of the provisions of Act by the respondent No. 2 in the order – It is also important to note that there is no provision under the Act that no two societies can have similar aims and objects. – Here too, the respondent No. 2 has come to the wrong finding that no two similar societies with similar aims and objects are permissible as per the Societies Registration Act. –On a perusal of the materials available on records, this court is unable to come to the finding that the activities of the NRA is subversive to the objects of the NSRA. – Having come to the finding that none of the grounds that have been projected in the show cause notice has been violated by the petitioners, this court is of the considered opinion that the impugned order issued by the respondent No. 2 requires interference. – Accordingly, the same is set aside and quashed. – Writ Petition Allowed
JUDGMENT :
1. This writ petition is directed against the order dated 3.8.2016 issued by the Secretary to the Government of Nagaland and Ex-Officio Registrar of Societies, Nagaland whereby, the registration of the Nagaland Rifle Association (‘NRA’)/petitioner No. 2 was cancelled.
2. Heard Mr. Imti Longjem, learned counsel for the petitioners. Also heard Mr. K. Serna, learned Senior Additional Advocate General, Nagaland assisted by Ms. Livika, learned Government advocate appearing for the respondent Nos. 1 and 2 as well as Mr. Taka Masa, learned senior counsel assisted by Mr. Arenlong, learned counsel appearing for the respondent No. 3.
3. Mr. Imti Longjem, learned counsel for the petitioners submits that the petitioner No. 1 is the President of Nagaland Rifle Association who is the petitioner No. 2 in the present writ petition. The petitioner No. 1 is involved in lawful marksmanship/shooting activities since his early days and alongwith some likeminded friends had formed the Dimapur Rifle Association of Nagaland (‘DRAN’). The petitioner No. 1 formed the Aries Rifle and Pistol Academy and since the year 2010, the said academy has been promoting the shooting sport in the State. The Aries Rifle and Pistol Shooting Academy was given provisional affiliation by the National Rifle Association of India (‘NRAI’) by letter dated 24.3.2014 wherein, the petitioner No. 1 was informed by the NRAI that in view of nonfunctioning of the Nagaland State Rifle Association (‘NSRA’) has decided to grant Aries Rifle and Pistol Academy provisional affiliation without any voting right till such time, the State body in Nagaland becomes operational. The petitioner No. 1 and likeminded persons formed the Nagaland Rifles Association (‘NRA’) in order to promote the sport in the entire State of Nagaland. Steps were taken to get the NRA registered under the Societies Registration Act, 1860. Accordingly, the application by the NRA alongwith all documents was placed for consideration before the Dimapur District Planning and Development Board which was finally recommended in its meeting held on 6.7.2015. Accordingly, by letter dated 6.7.2015, the Deputy Commissioner, Dimapur forwarded the recommendation of the Dimapur District Planning and Development Board to the Registrar of Societies, Nagaland. Thereafter, in terms of the provision of the Societies Registration Act, the Registrar of Societies by an order dated 14.7.2015 issued the certificate of registration to the NRA. In terms of the registration, the petitioner No. 1 on behalf of the NRA requested the NRAI to allow the NRA for affiliation. The governing body of the NRAI in its meeting held on 23.10.2015 accorded affiliation to the NRA with voting right which was informed to the petitioner No. 1 by letter dated 28.10.2015.
4. It is submitted that after the NRA was affiliated to the NRAI, it has been promoting the sport in the State in all earnest and had conducted various championship in the State successfully. However, the petitioner received a show cause notice dated 5.7.2016 from the respondent No. 2 asking to show cause as to why the registration of the NRA should not be cancelled. The said show cause notice was issued on the basis of complaint made by the respondent No. 3/NSRA on the ground that the NRA has a similar name with NSRA and that wrong information was furnished while seeking registration. It was further alleged that the President of the NRA is a member of the NSRA and also a member of the Kohima Rifle Club and the act of the NRA has become subversive to the objects of the NSRA. Further allegation was made that the NRA has fraudulently inducted the Director General of Police, Nagaland as ex-officio member without his consent for registering the association. He “submits that though the said show cause notice dated 5.7.2016 was issued in pursuance to a complaint of the NSRA, the said complaint was not furnished to the petitioner. However, the petitioner replied to the show cause notice on 18.7.2016
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