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SHAJI P. CHALY
SONY THOMAS S/O THOMAS – Appellant
Versus
DISTRICT REGISTRAR, TRAVANCORE COCHIN – Respondent
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 195
Section 23 of Act, 1955 reads as Provision for dissolution of societies and adjustment of their affairs.
The main legal point established in the judgment is the limited jurisdiction of the District Registrar to verify and certify amendments to the Memorandum and Rules/Regulations of a Society, emphasizi....
The District Registrar has no authority to reject or inquire into the validity of annual member lists submitted by societies under the Societies Registration Act, 2001.
The Registrar's power to convene a meeting under Sec. 25(2)(c)(i) is not independent of an enquiry and does not confer appellate or revisional power over the decisions of the society.
The court ruled that the failure of a society to produce necessary records should not disadvantage members claiming valid induction, emphasizing the importance of proper documentation in membership d....
Disputes arising from the internal management of a registered society are not justiciable in writ jurisdiction and must be resolved in a competent civil court.
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