The main legal point established in the judgment is the lack of jurisdiction of the Additional District Magistrate-Cum-Additional Registrar of Societies to adjudicate the disputes of the Society and to pass orders regarding the restoration of membership and approval of a meeting of the Governing Body.

JUDGMENT :

B.N. Mahapatra, J. - In this writ petition challenge has been made to the order dated 14.07.2009 (Annexure-18) and order dated 25.08.2009 (Annexure-19) passed by opposite party No. 2-Additional District Magistrate-Cum-Additional Registrar of Societies, Sundargarh. Under Annexure-18, opposite party No. 2 has restored the membership of all the living members who constituted the Rourkela Technical Educational Society (in short, "Society") in the year 1984-85 vide Registration No. SGD-388/1984-85. Under Annexure-19 opposite party No. 2 has approved the meeting of the Governing Body of the Society as per the proposal received from Sri Ramendra Kumar Pujari and Ors. but disapproved the resolution for removal of Sri P.K. Mohapatra from the primary membership of the Society on the ground that the allegations levelled against him require proper enquiry. The Petitioners also seek for a declaratory relief that opposite party No. 5-Sri R.K. Pujari, who is No. longer the President of the Society as well as opposite party No. 6-Sri Pitabash Mishra, an outsider, be permanently restrained from acting as President and Secretary of the Society respectively. Further relief sought for by the Petitioners is to declare Petitioner No. 1-Society constituted under resolution dated 9.6.2009 (Annexure-9) is valid and lawful.

2. The case of the Petitioners in a nutshell is that Petitioner No. 1 is a Society under the provisions of the Societies Registration Act, 1860 (in short, 'Act') vide Registration No. SGD-388/1984-85. The purpose of the Society is to establish and carry on the activities for advancement of learning and diffusing the knowledge of education on modern science and technology as well as to produce young technocrats for the benefit of the country and to provide different systems of technical education. Petitioner No. 1-Society framed a set of bye-laws (Annexure-1), which were duly approved by the members of the Governing Body of the Petitioner-Society, and the same were duly registered with the Registrar of Societies. Since 1984 the affairs of the Petitioner-Society were running under the Presidentship of Sri R.K. Pujari and Sri Pravat Mohapatra-Petitioner No. 2 as Secretary of the Society. In the year 1984, there were 12 members in the Petitioner-Society. According to the Petitioners, since 3 members expired and another member namely, P.N. Kapoor was not attending the meeting of the Society since 1990, they ceased to be the members of the Society and the remaining 8 members constituted both the General Body as well as Governing Body of the Society. On 10.5.1998 under Annexure-2, the Governing Body resolved that since Sri P.C. Panigrahi and P.K. Pujari were not attending the meeting of the Society they would cease to be the members of the Society. The Governing Body of the Society also unanimously resolved that another member, namely, Sri Sunil Mohapatra should not continue as a member of the Society since he was involved in irregular financial activity which was detrimental to the interest of the Society. Thus, the total number of the members came down to 5, who constituted the Governing Body. On 27.4.2001, the Governing Body of the Society resolved to amend the bye-laws of the Society. The said decision was confirmed by a resolution dated 13.05.2001 (Annexure-4). The said amended bye-law (Annexure-3) was submitted for approval of opposite party No. 2-Additional District Magistrate, Sundargarh as required under law. By that time two members, namely, Dr. K.K. Prajapati and Sri G.S. Agarawal were inducted as members of the Society. On 7.10.2001 a meeting of the Governing Body of the Petitioner No. 1-Society unanimously resolved under Annexure-5 to remove Sri Pitabas Mishra, who was a member of the Society, due to his activities which were not conducive to the interest of the Society. As the members of the Society came down for a smooth functioning of the Society, seven more members were inducted into membership of the Society.

3. S