Registrar has power to make enquiry.

D. Murugesan, J.

This reference arises in the following circumstances.

2. A Division Bench in the judgment reported in K.ARIVANANTHAPANDIAN AND ANOTHER VS NADAR MAHAJANA SANGAM ETC., AND THREE OTHERS (1994 Writ Law Reporter 779) has held that the Registrar alone can register a society and it is before whom Form VII is submitted and any change in the membership or in the Committee should also be reported to him as per Section 15(2) read with Rule 17 in Form VII, it is necessary for the Registrar to be sure of the persons who are elected to the committee of each and every society which comes under his jurisdiction. The Division Bench has also held that wherever Form VII is filed and the correctness of it is challenged by one or other party being the members of the society/Sangam, he can enquire and find out as to whether who are elected to the Committee. On such enquiry, if the Registrar comes to the conclusion that Form VII filed is not correct and nobody has been elected, it will be open to him to give a direction to hold a fresh election, as Sub-section (9) of Section 36 empowers him to give such direction under the circumstances of the case. The Division Bench has also held that such direction would be subject to the right of the parties to have the matter adjudicated by Court.

3. The correctness of the said judgment was questioned in W.A. Nos. 2157,2191 and 2192/2002 and the Division Bench on 18. 2002 referred the issue to full Bench for adjudication and the order of the Division Bench reads thus:

"In support of the direction issued by the learned single Judge regarding availment of the appeal remedy, the learned counsel of the Madras High Court reported in K.ARIVANANTHAPANDIAN AND ANOTHER VS NADAR MAHAJANA SANGAM ETC., AND THREE OTHERS (1994 Writ Law Reporter 779) Mr.R.Krishnamurthi, the learned senior counsel appearing for the elected managing Committee submitted that the said Division Bench Judgment needs reconsideration for the reason that Section 36 of the Tamil Nadu Societies Registration Act, 1975 (hereinafter referred to as the Act for short) does not envisage any appeal provision to meet the situation like this, where there is a dispute with regard to the election of the managing committee. We some force in his contention as prima facie, we are unable to locate any power of adjudication of any dispute regarding validity of the election of the managing committee, and the appeal provision contained under Section 45 of the Act is attracted only when there is such power of enquiry under Section 36 of the Act. In view of this, we refer these matters to full Bench for adjudication. Pending further orders, the order of the learned single Judge dated 7. 2002 keeping the order of the District Registrar (Administration), Madurai South, Madurai dated 26. 2002 in abeyance, is suspended"

4. In viewof the above, the following question arises for our consideration. Whether the power of the Registrar to enquire into the affairs of a registered society under Section 36 of the Act would include the power to enquire into the dispute relating to election to the members of the society?

5. Theearliest enactment on the field is the Societies Registration Act, 1860. After the advent of the Constitution, the powers to legislate by the Centre and the State were demarcated in 7th Schedule of the Constitution of India. List II relates to the power of the State Legislature to make legislation. Entry 32 relates to the power of the State Legislature to enact law including the regulation of Cooperative Societies. The said Entry reads thus:

."Incorporation, regulation and winding up of Corporation, other than those specified in List I, and universities, unincorporated trading, literacy, scientific, religious and other societies and associations, cooperative societies"

6. However, the Central Act of 1860 (Act 21/1860) also continued to be in force by virtue of Article 372 of the Constitution, which provided for continuance in force of e