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IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J.
Kerala High Court Advocates' Association, Represented By Its Secretary – Petitioner
Versus
The District Registrar (General) – Respondent
WP(C).No.25032 OF 2014(D)
Decided On : 11-12-2019
Travancore-Cochin Literary, Scientific & Charitable Societies Registration Act, 1955-The Clause 10(bb) in the bye laws of the Kerala High Court Advocates Association Rules and Regulations is strictly in accordance with law-The respondent is directed to approve and incorporate the amended Clause 10(bb) in the Rules and Regulations of the petitioner-Association.
Statement of facts:
The Kerala High Court Advocates Association is the petitioner. The Association, which is an organisation of lawyers practicing in the Kerala High Court, is registered under the Travancore-Cochin Literary, Scientific & Charitable Societies Registration Act, 1955- The authority of the District Registrar (General) to decline grant of approval to amendments made in the bye laws of a Society, governed by the Travancore-Cochin Literary, Scientific & Charitable Societies Registration Act, 1955, is the lis involved in this writ petition.
Finding of the court:
Neither Section 7(2) nor any other provisions of the Act, 1955 prohibits a society from making rules and regulations for election to its governing body, nor there is any statutory prohibition in prescribing eligibility conditions for contesting in elections to the Managing Committee. As long as the amendments made by a Society registered under the Act, 1955, to its rules relating to elections are not in conflict with the provisions of the Act or with any other existing law of the land and as long as such amendments do not go against or affect the aims and objectives of the Society, the District Registrar (General) cannot refuse to grant approval to such amendments.
Result: Allowed
JUDGMENT :
The authority of the District Registrar (General) to decline grant of approval to amendments made in the bye laws of a Society, governed by the Travancore-Cochin Literary, Scientific & Charitable Societies Registration Act, 1955, is the lis involved in this writ petition.
2. The Kerala High Court Advocates Association is the petitioner. The Association, which is an organisation of lawyers practicing in the Kerala High Court, is registered under the Travancore-Cochin Literary, Scientific & Charitable Societies Registration Act, 1955 (hereinafter referred to as the 'Act 1955'). The petitioner-Association states that it has a membership of around 4000 advocates.
3. Clause 4 of the Rules and Regulations of the Association deals with the conditions regarding the membership in the Association. Clause 10 deals with formation of and election to the Executive Committee. The Executive Committee of the petitioner-Association consists of a President, two Vice Presidents, Secretary, Treasurer and six members of whom one shall be a lady.
4. In the Special General Body meeting convened by the petitioner-Association on 17.10.2013, it was decided to amend Clause 10(a), Clause 10(bb) and Clause 39 of the existing Rules and Regulations and incorporate certain new clauses which inter alia mandate certain minimum standing required for a candidate to contest to the post of “Executive Committee Member”. The clauses as they existed and the amendments made, are as follows:-
| Existing Clause | amendment |
| The management of the Association shall vest in Executive Committee consisting of (1). The President, (2) Two vice Presidents of whom one shall be a lady, (3) The Secretary (4) The Treasurer and (5) Six members of whom one shall be a lady | The Management of the Association shall vest in Executive Committee consisting (1). The President, (2) Two Vice Presidents of whom one shall be a lady, (3) The Secretary (4) The Treasurer and (5) Seven members of whom one shall be a lady and one shall be a designated Senior Advocate |
| Clause.10(bb) (New Clause) | The candidate to the post of members in the Executive Committee shall have been a member of the Association at least for a continuous period of 3 years. |
| Clause 10(d) | If any vacancy arises in the post reserved for lady member and/or a designated Senior Advocate, the President may nominate members from the respective constituency, subject to clause 12 of this Rule |
| Clause 39 | The election of the President, Vice Presidents, Secretary, Treasurer and 7 members of the Executive Committee shall be by secret ballot |
| The election of the President, Vice Presidents, Secretary, Treasurer and 6 members of the Executive Committee shall be by Secret ballot |
The General Body of the petitioner-Association approved the amendments.
5. The petitioner-Association thereafter filed a certified copy of the resolution effecting the amendments, with the respondent-District Registrar (General) under Section 22 of the Act 1955. But, the respondent-District Registrar (General) rejected the application for amendment stating that the new clause 10(bb) goes against Section 7(2) of the Act, 1955. According to the respondent, election has to be conducted from the Annual General Body as provided under Section 7(2) of the Act, 1955. It is aggrieved by the refusal of the District Registrar (General) to approve the amendments, that the petitioner has filed this writ petition seeking to declare that Clause 10(bb) in the bye laws of the Kerala High Court Advocates Association Rules and Regulations is strictly in accordance with law, and to direct the respondent to approve and incorporate the amended Clause 10(bb) in the Rules and Regulations of the petitioner-Association.
6. Heard Sri.M.P.Ashok Kumar, the learned counsel appearing for the petitioner and
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