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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
AJAY MOHAN GOEL
Sh. Joginder Singh – Appellant
Versus
State of Himachal Pradesh – Respondent
| Table of Content |
|---|
| 1. petition seeks quashing of refusals for society registration. (Para 1 , 2 , 3) |
| 2. volunteers entitled to society; policy bars home guards association. (Para 4 , 5) |
| 3. distinction between grievance associations and statutory societies. (Para 6 , 7) |
| 4. 2006 act limits societies to enumerated welfare purposes. (Para 8 , 9 , 10 , 11) |
| 5. service grievances outside 2006 act's permitted objects. (Para 12 , 13 , 14 , 15 , 16) |
| 6. employment-related associations ineligible under societies act. (Para 17 , 18 , 19 , 20) |
| 7. no noc for compliant societies; recognition employer issue. (Para 21 , 22 , 23) |
| 8. register only if objects match act's section 1(3). (Para 24) |
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
“1. Issue a writ in the nature of certiorari quashing the impugned orders/communications dated 16.02.2024, and 24.10.2024, refusing N.O.C. and registration of Association;
2. Issue a writ in the nature of mandamus directing the Respondents to process and grant the registration of the Petitioner’s Association under the Himachal Pradesh Societies Registration Act, 2006.”
2. The case of the petitioner is that
Societies Registration Act limits registration to specific non-service purposes; employee/volunteer welfare associations for grievances and service conditions against employer ineligible, irrespectiv....
A society primarily serving its members does not qualify for registration under public purpose provisions as per the Andhra Pradesh Societies Registration Act, 2001.
A Society must demonstrate objectives serving a 'public purpose' to qualify for registration under the Telangana Societies Registration Act, 2001, and functions limited to residents do not satisfy th....
Deregistration under Section 21A of the Act can only be based on specified statutory grounds and not on extraneous considerations. The right to form association cannot be jeopardized based on non-sta....
An association comprising only apartment residents does not satisfy the 'public purpose' requirement for registration under the Andhra Pradesh Societies Registration Act, 2001.
The Registrar of Societies lacks the authority to cancel registrations of societies under the Societies Registration Act, 1860 without appropriate statutory provisions.
The central legal point established in the judgment is the application of Section 4 of the Gujarat Cooperative Societies Act, 1961, particularly the proviso, to determine the eligibility for registra....
Registration under the Tamil Nadu Societies Registration Act is unnecessary for entities already registered under a different law; non-registration does not result in criminal liability or justify ma....
A registration order under the Maharashtra Cooperative Societies Act must be reasoned to ensure accountability and compliance with statutory requirements, enabling effective judicial review.
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