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2024 Supreme(Gau) 900

IN THE HIGH COURT OF GAUHATI, NAGALAND, MIZORAM AND ARUNACHAL PRADESH
HONOURABLE MR. JUSTICE LANUSUNGKUM JAMIR, HONOURABLE MR. JUSTICE KARDAK ETE
Manipur Hockey Represented By Its President - Petitioner
Versus
State Of Manipur Rep. By The Principal By The Principal (Co-Op) And Ors. – Respondents
WA/27/2023, WA/28/2023
Decided On : 26-07-2024

Advocates:
Advocate Appeared:
For the Petitioner: N Prista Devi
For the Respondent: Mr. M Hemchandra

The registration of a society must comply with statutory requirements, and existing similar associations prohibit new registrations under identical names.

Headnote:(A) Manipur Societies Registration Act, 1989 - Sections 10, 11, and 12 - Dispute over registration of hockey associations - Appellant's registration as 'Manipur Hockey' was found to violate Section 10 due to existing similar associations - The Secretary (Cooperation) directed name change under Section 11 - The amalgamation of two societies into 'Hockey Manipur' was upheld as valid. (Paras 48-64)

(B) Legal principles - The principle of 'one game one body' was emphasized, and the necessity of following statutory procedures for registration and amalgamation was reiterated. (Paras 31, 60)

(C) Findings of Court - The court found that the registration of 'Manipur Hockey' was improper as it violated the provisions of the MSR Act, 1989, and upheld the Secretary's directive for a name change. (Paras 62-64)

(D) Issues - The main issues included the legality of the registration of 'Manipur Hockey' and the validity of the amalgamation of the two previous associations. (Paras 48, 62) (E) Ratio Decidendi - The court ruled that the registration of a society must comply with statutory requirements, and the Secretary's order was justified based on existing laws. (Paras 62-64) (F) Result - Writ Appeals dismissed. (Para 67) (G) Parties involved - Appellant: Manipur Hockey; Respondent No. 3: Hockey Manipur; State respondents: Government of Manipur.

JUDGMENT :

Kardak Ete, J.

We have heard Mr. S. Biswajit, learned Senior counsel assisted by Mr. H. Prabir Kumar and Mr. A. Kalita, learned counsel for the appellant. Also heard Mr. A. Khaidem, learned Addl. Senior Government Advocate, Manipur, for the State respondents; Mr. G. N. Sahewalla, learned Senior counsel along with Mr. M. Hemchandra, learned Senior counsel assisted by Mr. J. Rahman, learned counsels for the respondent No.3.

2. These Writ appeals are transferred from the High Court of Manipur. Since both the Writ Appeals arises from common judgement & order and are identical, the same were taken up and heard together and are disposed of by this common judgment and order.

3. Both these intra Court appeals are directed against the common judgment and order dated 20.07.2022, passed by the learned Single Judge of High Court of Manipur in Writ Petition (C) No.724/2019 and Writ Petition (C) No.916/2019, by which, the learned Single Judge has dismissed the Writ Petition (C) No.916/2019 filed by the appellant and allowed the Writ Petition (C) No.724/2019, filed by the respondent No.3, whereby the learned Single Judge has directed to implement/execute the order dated 22.01.2018, passed by the Secretary (Co-Operation), Government of Manipur and the letter dated 14.01.2019, issued by the Registrar of Societies, Manipur.

4. The issue pertains to the registration of two societies, namely Manipur Hockey (Appellant herein) and Hockey Manipur (Respondent No. 3 herein). The appellant/Manipur Hockey filed the Writ Petition (C) No.916/2019 challenging the Order dated 22.01.2018, passed by the Secretary (Co-Operation), Government of Manipur and the letter dated 14.01.2019, issued by the Registrar of Societies, Manipur, by which appellant has been directed to change its name and alter the memorandum. The respondent No.3/Hockey Manipur has filed the Writ Petition (C) No.724/2019 for implementation of same order dated 22.01.2018, passed by the Secretary (Co-Operation), Government of Manipur and the letter dated 14.01.2019, issued by the Registrar of Societies, Manipur.

5. The case projected by the appellant/Manipur Hockey is that pursuant to the decision taken in the meeting held on 06.10.2009 and after discussing and deliberating on the issue and in view of the advice given by the Indian Olympic Association (IOA) to the Manipur Olympic Association (MOA) to follow the policy of one game one association, the members of the meeting resolved to form an association under the name and style of Manipur Hockey for not only uplifting the game of hockey in the State of Manipur, but also for the sake and interest of the players, on account of the mismanagement by the members administering the sport in the State of Manipur. After formation of Manipur Hockey, it approached Hockey India, which is the apex body of the game in the country, for its affiliation with them. Thereafter, after taking into account the credentials of the members of Manipur Hockey, who are managing the affairs of hockey in the State of Manipur, granted affiliation of Manipur Hockey to Hockey India with effect from 22.10.2009 by the President of Hockey India. In the said letter, Manipur Hockey was also requested to get itself registered under the Societies Registration Act within six months and deposit the required affiliation fee(s) within three months from the date of the said order.

6. It is contended that in terms of the resolution taken in the meeting held on 06.10.2009, necessary applications/documents and registration fee(s) required under the provisions of Manipur Societies Registration Act, 1989 ( hereinafter referred to as MSR Act, 1989) and Manipur Societies Registration Rules, 2004 (hereafter as MSR Rules, 2004) were submitted to the Registrar of Cooperative Societies for registration of Manipur Hockey. After completing all formalities and procedures provided by law, the Registrar had issued a notification bearing No.402/M/SR/09 dated 12.11.2009 notifying the registration of Ma

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