The Registrar has the power to consider the legality or illegality of an amendment to the bye-laws under Section 4a of the Societies Registration Act and to cancel the registration of a society under Section 12d of the Act in respect of an amendment procured illegally.

( 1 ) THIS petition under Art. 226 of the Constitution has been filed by Shiksha Samiti Degree College, Garua Maksudpur, Ghazipur, and others for quashing the order of the Registrar (respondent) passed under Section 12-D of the Societies Registration Act.

( 2 ) THERE is society at Ghazipur known as Shiksha Samiti Degree College, Garua Maksudpur, Ghazipur. The registration of the society was being renewed from year to year. On November 5, 1978, the general body of the society passed a resolution in accordance with rule 19 of the Bye-laws making certain amendments in the same. The amendment was sent to the Registrar under Section 4a of the Societies Registrtion Act for incorporating the same in the Register of the Bye-laws maintained by him. The amendment was consequently allowed by the Registrar on November 5, 1978 and thereafter intimation of incorporation was sent to the parties concerned on November 30, 1978 by ordinary post and by registered post on December 4, 1978. In October 1980 an application was filed by the contesting respondent for recalling the incorporation of the amendment on the ground that by the same, the basic structure of the society had been modified and changed which power the society did not possess and also stated that the amendment had been obtained by illegal and fraudulent means. This application was not headed under any specific provision. We can, however, trace out the power of the Registrar by resorting to Section 12 D of the Act.

( 3 ) AFTER having considered the explanation the Registrar found that the amendment allowed on November 5, 1978 by him ran contrary to the objects of the society and as they had been procured illegally. Challenging the same, the present writ petition has been filed.

( 4 ) COUNSEL for the petitioner urged that under Section 4a of the Act the Registrar had a limited jurisdiction of seeing as to whether fact of holding of the meeting had taken place or not. He did not and could not have any power to notify the amendment by resorting to indirect method as it was in the instant case. Counsel urged that Section 12d did not apply and, therefore, there was no power in the Registrar to cancel the registration.

( 5 ) FROM the Societies Registration Rules it appears that the Registrar has to grant a certificate, which is renewed from year to year. If the same is according to the provisions of the Act and the rule, the registration is accompanied by the Bye-laws of the society. It is these Bye-laws which became part and parcel of the registration certificate. If an amendment or amendments are made in the Bye-laws, they have to be incorporated in the Register under Section 4a of the Act. The Registrar at that time is entitled not only to find as to whether the meeting which made the amendment had taken place or not, but also to consider and apply his mind to the controversy if it arises before him whether the amendment is contrary to the provisions of the Act and the Rules. It has further to be seen that the amendment is not such which destroys the very purpose of the society for which it was incorporated. Furthermore, the Registrar under Section 12d of the Act could cancel the registration of any society in the circumstances enumerated in sub-section (1) of the said section. These circumstances have been mentioned in clauses (a) to (c) of sub-section (1) of Section 12-D. This power could be exercised also in respect of the amendment, which has been procured and got incorporated if a case falls under clauses (a) to (c ). In the instant case the Registrar found that the amendment was illegal and the same ran contrary to clause (b) of sub-section (1) of Section 12-D. In our opinion the Registrar had the power to do so and it is not correct that only an application under Section 12-D is made, the Registrar should simply find out the fact of passing the resolution by the Committee of Management and nothing more or nothing less if power is curtailed to the extent indicat