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DEVAN RAMACHANDRAN
M. S. Nair, S/o. Gopala Pillai – Appellant
Versus
District Registrar (General) Ernakulam – Respondent
JUDGMENT :
[WP(C) Nos.41273/2023, 43177/2023]
The petitioners in these two writ petitions are stated to be members of an Association of residents of an Apartment Complex by name ‘Willingdon Enclave’, which they say has been registered under the provisions of the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act,1955 (‘Act’ for short).
2. Both the writ petitioners assail the order of the District Registrar (General), Ernakulam, refusing to record certain amendments -which they assert have been carried by the General Body of the Association validly -citing reasons that are beyond the statutory scheme and hence untenable and illegal. They thus pray that Ext.P7 in W.P.(C) No.41273/2023 -which is the same as Ext.P9 in W.P.(C) No.43177/2023 -be set aside; and the District Registrar be directed to record the amendments, certified to be true and produced before him by the members of the Governing Council of the Society, in terms of Section 22 of the ‘Act’; and to record the same, as is mandatorily required.
3. Smt. M. Uma Devi – learned counsel for the petitioners, argued that, even an ex facie glance through Section 22 of the ‘Act’ would render it luculent that,
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....
Section 23 of Act, 1955 reads as Provision for dissolution of societies and adjustment of their affairs.
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 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....
The court established that interlinked issues regarding society management must be adjudicated comprehensively in civil court rather than through separate proceedings.
Section 4-B of Act, 1860, Registrar is not supposed to make adjudication of dispute of correctness of membership like a Court but whenever a list is submitted or there is any change in the list of me....
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