2015 Supreme(Ker) 1238
IN THE HIGH COURT OF KERALA
A. Muhamed Mustaque, J.
Narayanan – Appellant
Vs.
District Registrar – Respondent
W.P. (C) No. 19127 of 2015
Decided On : 09-11-2015
For the Appellant : T.R. Ravi, Jawahar Jose, V. Vinay Menon, Cissy Mathews and Arun Aiay Shankar.
For the Respondent: P. Sreekumar, K. Nandakumar, P.M. Mazna Mansoor, V.A. Haritha, P. Vivek, V.R. Kesava Kaimal, I.V. Pramod, G. Hariharan, H. Praveen, P.B. Krishnan, P.M. Neelakandan, P.B. Subramanyan, Sabu George, S. Nithin, T.K. Vipindasand Manoj Kunjachan, Government Pleader.
Headnote:
Societies Registration Act, 1860 - Section 4 - Registration of Society - District Registrar has no power to interfere - on account of non-filing of the returns with regard to the office bearers, action can be initiated against the office bearers - Held, Registration and related matters, as noted above, are with an intention to confer the status of juridical entity. The affairs of the Society continue to be in private domain unless it is called upon to discharge any public duty - Scope of exercising power under Section 4 of the Societies Registration Act is only to the limited extent of examining whether the list furnished is false or bogus. The enquiry is not directed against election or selection but to find out the genuineness of the list. Once a list is furnished in accordance with the election
A. Muhamed Mustaque, J.
1. This Writ Petition is filed challenging the decision of the District Registrar produced as Exhibit P9 refusing to accept the Executive Committee list furnished, pursuant to the election held on 15.02.2015. The petitioners are elected as the Executive Committee members of the 7th respondent-N.K. Balakrishnan Memorial Trust. The election to the Executive Committee was held consequent upon expiry of the tenure of the earlier Executive Committee on 31.10.2014.
2. Pursuant to the election of the members to the Executive Committee, the list of office bearers was submitted before the District Registrar in terms of S. 4 of the Societies Registration Act, 1860. There were serious objections regarding selection of the candidates. The District Registrar was directed to consider the objections of the Objectors as per various judgments of this Court in Exhibits P3 to P6 judgments. The objections were considered by the District Registrar by the impugned order. The District Registrar found that selection of certain candidates to the Executive Committee was illegal and accordingly, refused to act upon the list furnished by the newly elected Executive Committee.
3. The Societies Registration Act, 1860 provides for registration of Literary, Scientific and Charitable Societies. It provides provisions for registration. It contains various provisions such as, how Societies should be formed and how the property of the Societies should be vested with them. The scope of registration under the Societies Registration Act is to confer a juridical entity or identity to the Association of individuals.
4. Section 4 of the Societies Registration Act provides as follows:
"4. Annual list of managing body to be filed.--Once in every year, on or before the fourteenth day succeeding the day on which, according to the rules of the society, the annual general meeting of the society is held, or, if the rules do not provide for an annual general meeting, in the month of January, a list shall be filed with the Inspector-General of the names, addresses and occupations of the Governors, Council, Directors, Committee, or other governing body then entrusted with the management of the affairs of the society."
5. The above provisions mandate that a list shall be filed with competent Authority showing the names, addresses and occupations of the Governors, Council, Directors etc. This is essentially to find out, who are the responsible persons governing the Society. It is also to be noted that on account of non-filing of the returns with regard to the office bearers, action can be initiated against the office bearers.
6. The registration and related matters, as noted above, are with an intention to confer the status of juridical entity. The affairs of the Society continue to be in private domain unless it is called upon to discharge any public duty. The regulatory regime relating to a Society for registration, does not confer any power on the Registrar to interfere with the affairs of the Society. In this context, the election and selection of the candidates have been called in question before the Registrar, to the limited extent of challenging the list furnished by the newly elected Executive Committee. Therefore, the question is, what is the extent of the power that can be exercised by the District Registrar?
7. The term 'election' in electoral parlance refers to formal and organised process, through which selection of the candidates is made. Selection means choosing a candidate by electorate in election, in accordance with the eligibility prescribed in the election.
8. The dispute in question clearly indicates that the challenge is regarding the selection of the Executive Committee members. The Society consists of three different types of class members vis-a-vis 'A' Class, 'B' Class and 'C' Class members. The District Registrar in Exhibit P9 found that the selection of the candidates was illegal and in violation of the bye-laws. The District R