Point of Law: Section 23 of Act, 1955 reads as Provision for dissolution of societies and adjustment of their affairs.

JUDGMENT :

SHAJI P. CHALY, J.

1. The captioned writ petitions are materially connected in respect of an order passed by the District Registrar, Alappuzha dated 27.5.2020 as per the provisions of the Travancore- Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, hereinafter called “Act 1955” whereby the All Kerala Homoeopathic Association - a society registered under the Act, 1955, was directed to conduct an annual general body meeting and take other consequential steps directed thereunder. The said order was affirmed by the Deputy Inspector General, Registration, Central Circle, Ernakulam, as per Exhibit P7 dated 22.02.2021.

2. W.P. (C) No. 7931 of 2021 is filed to implement the said order by a member of the Association, whereas W.P. (C) No. 17130 of 2021 is filed challenging the order of the District Registrar basically contending that there is no power vested with the District Registrar to issue any such directions. The facts, figures and documents available in W.P. (C) No. 17130 of 2021 are relied upon for the disposal of the cases.

3. Petitioner in W.P. (C) No. 17130 of 2021 is a registered association as per the provisions of the Act, 1955 (Act XII of 1955) and it is said to be formed for the well being of the Homoeopathic Practitioners throughout the State of Kerala. There are about 160 active members in the association. The administration of the Association is being controlled by the three tier administrative set up viz. the District Committee and Exhibit PI is its bye-law. According to the petitioner, respondents 3 and 4 and five other persons, who were the members of the association, have been expelled from the primary membership due to different reasons, submitted complaints before the District Registrar - the 2nd respondent, against the functioning of the petitioner association. Their main demand was to convene an Annual General Body Meeting for 2018-2019 after participation of all members including them and as per Exhibit P2 judgment dated 24th January, 2020 in W.P. (C) No. 23346 of 2019, this court directed the 2nd respondent to dispose of the complaint filed by respondents 3 and 4.

4. According to the petitioner, petitioner submitted a detailed objection contending that those who have submitted complaints, have no locus standi since they had already been expelled from the primary membership of the association due to different reasons. Even though, one of such complainants, filed a suit - OS No. 651/2019 before the Munsiff Court with an interim prayer to permit him to attend the General Body meeting, the Munsiff Court rejected the said prayer.

5. It is contended by the petitioner that the District Registrar - the 2nd respondent, without having any powers as per Act XII of 1955, directed the petitioner to conduct a comprehensive Annual General Body Meeting by adding all expelled members as per Exhibit P4 order. According to the petitioner, Exhibit P4 order is against Exhibit P1 bye-law of the association and against the provisions of Act XII of 1955. Though, petitioner preferred Exhibit P6 appeal before the Deputy Inspector General, Registration Department, South & Middle Zone, Ernakulam - the 1st respondent; the 1st respondent without considering the merits of the contentions, dismissed the appeal as per Exhibit P7 directing them to approach this Court. According to the petitioner, Exhibits P4 and P7 orders are ultra-vires since 1st and 2nd respondents have no authority to pass such orders as per the bye-law and as per the provisions of Act XII of 1955. It is thus challenging the legality and correctness of the said orders, the writ petition is filed.

6. A counter affidavit is filed by the District Registrar, Alappuzha justifying the order passed by him. The 4th respondent viz., Sony Thomas, who is the petitioner in the connected writ petition has also filed a counter affidavit supporting the order passed by the District Registrar.

7. I have heard learned counsel for petitioners Sri. A.T. Anil Ku