SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2010 Supreme(All) 692

[2010(4) ADJ 22]
ALLAHABAD HIGH COURT
BEFORE : DILIP GUPTA, J.
THE FIELD COUNCIL OF NORWEGIAN EVANGELICAL MISSION, KARWI, CHITRAKOOT AND ANOTHER .....Petitioners
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 39076 of 2009, decided on 22nd February, 2010)

Advocates:
Counsel :
R.P. Sinha and K.P. Shukla for the Petitioner; C.S.C., R.P. Mishra, Rajeev Asthana and S.K. Pandey for the Respondents.

Headnote:Societies Registration Act, 1860—Section 25(1)—List of Office bearers—Of governing body of Society—Deputy Registrar held the list as incorrect—Deputy Registrar has given cogent reasons for registering the list of office bearers—Petitioners, therefore, could not have held the elections at all—Matter is not required to be referred to Prescribed Authority in a mechanical manner—When Assistant Registrar finds that dispute is bonafide and genuine—Then he is required to refer the dispute to the Prescribed Authority. [Paras 6, 8, 9 and 10]

       

JUDGMENT

Hon’ble Dilip Gupta, J.—The petitioners have sought the quashing of the order dated 13th May, 2009 passed by the Deputy Registrar, Firms, Societies and Chits, Jhansi (hereinafter referred to as the ‘Deputy Registrar’) by which he has observed that the list of office bearers of the governing body of the Society earlier registered on 24th March, 2009 is correct.

2. It is stated that “The Field Council of Norwegian Evangelical Mission, Karwi, District Chitrakoot” (hereinafter referred to as the ‘Society’) is a Society registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as the ‘Act’). The registered office of Society is situated at Karwi, District Banda. It has a Memorandum of Association and Rules and Regulations. The Assistant Registrar registered the list of office bearers of the Society for the year 2005-06 in which Ms. Aase Jorgensen was the Chairman/Treasurer. On 1st September, 2006, she brought an agenda that due to her poor health and weak eyesight she will not be able to perform her duties as Chairman/Treasurer and consequently in the general meeting of the Society on 30th September, 2006, a resolution was passed appointing petitioner No. 2-David S.K. Jai as the Chairman/Treasurer and Asher Wahab as Secretary. It is stated that thereafter the notice for annual general meeting, list of governing body and audited accounts along with form FC-3 for the year 2006-07 and 2007-08 were submitted to the Assistant Registrar on 30th July, 2007 and 27th July, 2008 by David S.K. Jai as Chairman/Treasurer. However, for the year 2008-09, the list of office bearers was submitted before the Deputy Registrar with Ms. Anna Marie Gorthe as Chairman/Treasurer and Asher Wahab as the Secretary on the basis of the proceedings held on 19th February, 2009. Subsequently, the Deputy Registrar, by the order dated 24th March, 2009 registered the list of office bearers of the Society for the year 2008-09. The petitioners filed objections against the said registration of the list of office bearers. These objections have been rejected by the order dated 13th May, 2009 which has been impugned in the present petition.

3. A perusal of the order shows that following reasons have been given by the Deputy Registrar in the impugned order :

1. Clause 3 of the Rules and Regulations shows that the Superintendent of N.E. Mission shall be the ex-officio member and shall be the Chairman of the Association and the Governing Body.

2. Under Clause 15 of the Rules and Regulations, the Treasurer/Mission Superintendent shall be appointed by the Board of Foreign Mission, N.E.M. David S.K. Jai claims to be the Superintendent but he has not filed original documents to show that he had been appointed as Superintendent.

3. The erstwhile elected Chairman Ms. Aase Jorgensen expressed her inability to continue because of her old age. Subsequently, the Vice-Chairman namely Ms. Anna Marie Gorthe started discharging the duties of Chairman and the resolution of the Committee of Management of the Society dated 19th February, 2009 is in accordance with law.

4. On the other hand, David S.K. Jai has submitted proceedings of the meeting dated 27th July, 2008 which is said to have been presided by Vice Chairman Ms. Anna Marie Gorthe but she noted her disagreement.

5. The papers submitted by David S.K. Jai show that R.K. Gupta and K.P. Yadav were also present in the meeting but these persons could not be members as according to Clause 1 of the Rules and Regulations, only Christians could be the members of the Society.

6. Clause 17 of the Rules and Regulations provides that the Secretary shall send the papers to the Registrar of the Societies within 14 days of the annual general meeting each year, but in the present case David S.K. Jai has sent the papers as Chairman/Treasurer.

7. David S.K. Jai with his letter dated 27th July, 2008 has submitted papers along with the agenda of the meeting and the resolution dated 28th June, 2008 in which signa
















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top