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ANANDA SEN
Amitava Chatterjee – Appellant
Versus
State of Jharkhand – Respondent
ORDER :
Heard the learned counsel for the parties.
2. The petitioner in this writ application is a member of a Society, registered under the Societies Registration Act, 1860.
3. It is the case of the petitioner that the election of the society was not conducted properly and there was violation and large scale irregularities in conducting the elections. There is further allegation that the Secretary is involved in malpractices and unfairly uses the property of the premises of the society for his own business. There is a school run by the society, but the school is illegally run without NOC and affiliation of Class X. Further grievance is that the playground of the School has been destroyed by constructing building and members are not allowed to speak or put forth their opinion and the President, General Secretary and the Secretary (Finance) of the Society is working like a dictator. Alleging irregularity in functioning of the President, Secretary and the Treasurer of the Society, the petitioner filed an application and approached the Inspector General of Registration under the Societies Registration Act of 1860 and prayed to take appropriate steps.
4. It is the grievance of the petition
The Inspector General of Registration cannot adjudicate internal disputes of a Society; such matters must be resolved in Civil Court.
Internal disputes of societies must be resolved through established mechanisms under the Societies Registration Act, not through judicial intervention.
The power of review is limited to correcting apparent errors or considering new evidence, distinct from appellate powers, especially in disputes over election matters governed by specific provisions.
Point of law: Registrar may on his own motion and shall on the application of the majority of the members of the governing body or of not less than one-third of the members of the society, hold an en....
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.
The petitioners must establish their right and prove their identity in the petitioner-Society before seeking interference from the Registrar.
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