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2006 Supreme(Raj) 2954

RAJASTHAN HIGH COURT AT JAIPUR BENCH
K.S.Rathore, J.
Emmanuel School Society & Ors. - Petitioners
Versus
State of Rajasthan & anr. - Respondents
S.B. Civil Writ Petition No. 2069 of 2006.
Decided On : 13-06-2006

Subject

SOCIETY REGISTRATION - CANCELLATION OF REGISTRATION

Act Referred

RAJASTHAN GENERAL CLAUSES ACT : S.23
RAJASTHAN SOCIETIES REGISTRATION ACT : S.1(a)(2), S.13, S.18(a)

Headnote

Rajasthan Societies Registration Act, 1958 – S. 1 – A(2), 13 and 18 – A – Rajasthan General Clauses Act, 1955 – S. 23 – The court observed that power has been rightly exercised by the Registrar of Societies – the act empowers the provisions having effect even in case of changes – the act also empower registrar to cancel registration and make rules, orders, bye – laws, schemes, regulations etc – hence, in the present case, cancellation of registration of society by the Registrar is justified.>

For the Petitioners:Mr. Bajrang Lai Shamra, Sr. Advocate with Dr, Saugat Roy, Advocates.
For the Respondents:Mr. R.D.Rastogi, Advocate.

JUDGMENT

1. - The petitioner Society has filed five writ petitions registered as SB Civil Writ Petitions No. 2043106, 2083/06, 2084/06, 2068/06 and 2069/06 for quashing and setting aside the impugned order dated 28.2.2006 issued by the Registrar Societies, Kota by which the registration of the petitioner society has been cancelled and the bank account of the society were also seized.

2. Since all these writ petitions are filed against the order impugned dated 28.2.2006 and involves similar question of law, the same are decided by this common order and the facts of the case of Emmanuel School Society (SBCWP No. 2043/06) are taken as a leading case.

3. It is not disputed that the petitioner society is registered under the Rajasthan Societies Registration Act, 1958 and the Registrar of Society Kota issued registration certificates to the petitioner society.

4. It is given out that Arch Bishop Dr. M.A. Thomas is the Chairman of the petitioner society, who is a philanthropist, recipient of Padma Shree Award by the President of India in the year 2001 for the social services being rendered to the society.

5. Dr. Thomas was conferred Mahatma Gandhi award in the year 2002 by the Government of Maharashtra and the Mother Teresa Award in 2005 by the All India Chrisitan Council.

6. The Society is also running institutions/schools which are affiliated to the Board of Secondary Education, Ajmer and Central Board of Secondary Education. And other societies which are engaged in social work with religious and charitable objectives are also running by the petitioner society like M/s Emmanuel Christian Believers Fellowship Assembly, Mis Emmanuel Mission Chikitsalaya Samiti, M/s Emmanuel Orphanage Society and M/s Emmanuel Bible Institute Samiti.

7. To run the societies they framed Rules and Regulations. The membership of the society restricted to the persons admitted as such by the Governing Body which shall constitute minimum 13 members and maximum 15 members.

8. All members of the society shall constitute the Governing Body and the affairs of the society shall be managed and controlled by the Governing Body and such members continues for life and shall not be removed except on the grounds of Permanent invalidness due to physical or mental illness; conviction of offence involving moral turpitude and participation in activities subversive to the cause and ideas of the society and such removal can only be taken by at least half of the member of the remaining members, after giving an opportunity of explaining his/her conduct.

9. The aims and objects of the society are as under:-

(a) To carry on the work of establishing and running educational, Medical and other charitable institutions in Rajasthan or a Social service on a non-communal basis, and without distinction of Caste, creed or relation,

(b) To take over, maintain, conduct and develop such institutions or any other institutions or organizations that may be deemed necessary for or conducive to the furtherance of the above objects.

(c) To organise games and sports and cultural activities and to establish social centres for the maintenance and betterment of physical and moral standards.

(d) To accept donations, presents contributions or funds and to administer them for the furtherance of the above objects, and for giving such scholarship to deserving students of the institution of the society or to those of other institutions who may be in need of financial assistance.

(e) To build, construct, hold and acquire buildings and lands and other movable and immovable property and to manage and equip the same and to dispose of, lease, transfer invest or deal with such property in any manner as may be in the interest of the society.

(f) To employ Principals, Headmasters, teachers and other staff for the institutions under the control of this society.

(g) To invest, (dispose of, transfer and otherwise deal with the funds of the society in order that the work of accomplishing the objects of the society may be rendered po







































































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