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2016 Supreme(Jhk) 846

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Aparesh Kumar Singh, J.
Tarsem Singh - Petitioner
Versus
The State of Jharkhand & Ors. - Respondents
W.P. (C) No. 4797 of 2014
Decided On : 04-05-2016

Advocates Appeared:
For the Petitioner:M/s. V.P. Singh, Sr. Advocate & Rama Kant Tiwari, Advocate.
For the Respondents:Mrs. C.C. Sinha, J.C to A.A.G., Mr. Rajesh Kumar, Advocate, M/s. Anil Kumar Sinha, Sr. Advocate & Vandana Singh, Advocate.

Headnote:(A) Bihar Societies Registration Rules, 1965 – Rule 13 – Cancellation of registration – Matter relates to a society with laudable socio – religious objectives – Petitioner has locus to be heard in appellate proceeding – Order of cancellation becomes assailable on grounds of breach of principles of natural justice and fair play – Impugned order reversed and matter remanded to Member, Board of Revenue for fresh consideration.

       (B) Natural Justice – Breach of – Whenever a complaint is made before a Court that some principle of natural justice is contravened, court has to decide whether observance of that rule was necessary for a just decision on the facts of that case – Validity of order has to be decided on the touchstone of prejudice.

ORDER :

Aparesh Kumar Singh, J.

Heard learned counsel for the parties.

2. The Society, namely, Gurudwara Shree Guru Singh Sabha, Chas, Bokaro was registered under the Society Registration Act, 1860 as such on 15.12.2011 on an application made in the prescribed format under Rule 4 of Bihar Society Registration Rules, 1965 by the order of I.G. Registration, Government of Jharkhand. On a complaint made by the present petitioner and some others that the registration has been obtained by practicing fraud and use of forged signatures of certain members, the matter was inquired through Deputy Commissioner, Bokaro vide letter no. 129 dated 21st January, 2012. The Deputy Commissioner, Bokaro through his letter no. 1046 dated 15th March, 2012 confirmed the forgery in signatures found during the course of inquiry by Executive Magistrate and also recommended for cancellation of registration. The office-bearers of Society including President, Secretary and Treasurer were issued show-cause through letter no. 229 dated 14th May, 2012 enclosing therewith a copy of inquiry report asking them to explain. In the reply grounds were taken by the President of the Society that proper inquiry has not been done from the relevant records by the Executive Magistrate. The matter was again inquired through Deputy Commissioner, Bokaro vide letter no. 276 dated 27th June, 2012. The second inquiry was conducted through another Executive Magistrate, Mahabir Singh, who again confirmed the forgery committed in the signatures of proposed President, Harbhajan Singh Dosanjh and Treasurer, Raghubir Singh in the application made for registration. This led to cancellation of registration of the Society by the order dated 24th July 2013 bearing Memo no. 957 (Annexure 3 to the writ application) by I.G. Registration. Respondent no.8 preferred an appeal as Secretary of the Society before Member, Board of Revenue against the said cancellation under the relevant provisions of Society Registration Act read with Bihar Amendment. Learned Member, Board of Revenue has by the impugned order Annexure-5 set aside the order of cancellation of registration dated 24th July, 2013 passed by I.G. Registration.

3. Petitioner has assailed the same inter alia on the following grounds:

(i) That petitioner was not impleaded as a party nor any notice was issued upon him though it was on his complaint before I.G., Registration that led to cancellation of registration of Society on the grounds of fraud.

(ii) It is also submitted that Respondent no. 6, who posed himself as the President of the Society while making an application for registration, had challenged the cancellation of registration before this Court in Writ Petition (C) No. 5104 of 2013 and withdrawn the same as recorded in the order dated 16th May, 2014 (Annexure 4).

(iii) The findings in the appellate order amounts to stigma against the petitioner behind his back though he was not noticed or heard in the matter. It is submitted that if the registration of Society itself was found to be vitiated by fraud the I.G. Registration was well within his power to annul the same.

4. Reliance has been placed upon relevant provisions of Sections 21 of The General Clauses Act 1897 and Section 24 of the Bihar and Orissa General Clauses Act. It is submitted that the Society has been functioning since 1973 before its registration in 2011 and petitioner was intimately connected with the affairs of running the Organization/Society as would also be evident from the impugned order itself. Petitioner, therefore, is a person who has a definite locus standi and interest in the matter and any order passed casting stigma upon him should have preceeded with an opportunity of hearing. This has been denied by the Appellate Authority, therefore, the order requires interference.

5. Counsel for the State has filed a counter-affidavit. The averments made in the counter-affidavit have been relied upon to show that the cancellation of the registration of the Society in quest





































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