The court emphasized the discretionary powers of the Registrar to consider objections before registering a society and highlighted the legal effect of registration under the Societies Registration Act, 1860.

JUDGMENT :

1. Heard Sri Lakshmi Kant Trigunait, learned counsel for the petitioners and Sri Mata Prasad, learned Standing Counsel appearing for the State respondents.

2. The present petition seeks to challenge the order dated 11.07.2019 passed by the Deputy Registrar, Firms Societies and Chits Meerut Region, Meerut in terms of which, the application filed by the petitioners for registering it as a society under the provisions of the Societies Registration Act, 1860[the Act, 1860] has been rejected. Further, prayer has been made for issuance of direction to the respondents for consideration of the claim of the petitioners pertaining to registration of the Society.

3. The facts of the case as reflected from the pleadings of the writ petition indicate that an application bearing application No.10001114 dated 07.05.2018 was submitted before the respondent No.4 seeking registration of the petitioner No.1 as a society under the Act, 1860. It has also been stated that the other procedural formalities such as submission of the copy of the memorandum of association and the list of the managing body of the society had been completed and requisite fee was also deposited. It is stated that a public notice was issued by the respondent No.4 inviting objections with regard to the application filed by the petitioners for registration of the Society and thereafter the order dated 11.07.2019 has been passed rejecting the claim of the petitioners for grant of registration under the Act 1860 for the reason that there existed a dispute with regard to the management of the Society.

4. Aggrieved by the aforesaid order, the present writ petition has been filed.

5. The contention of the learned counsel for the petitioners is that the application for registering the Society having been duly submitted after completion of all the necessary procedural requirements including the submission of memorandum of association, the list of members of the managing Committee and also deposition of the requisite fee, the respondent No.4 could not have refused to register the society. It is submitted that there existed no dispute pertaining to the Society and that the dispute which was sought to be raised by one person, namely, Harish Kumar Jain has nothing to do with the affairs of the Society. It is also sought to be contended that the petitioners having filed the application seeking registration on 07.05.2018 which is prior in time to the application dated 19.09.2018 submitted by the rival contenders the claim of the petitioners for registration of the society ought to have been considered.

6. Per contra, learned Standing Counsel appearing for the State-respondents has supported the order passed by the Deputy Registrar by submitting that as there existed a dispute with regard to the Society in question the Deputy Registrar has rightly rejected the application filed by the petitioners for grant of registration of the Society under the Act, 1860 .

7. In order to appreciate the rival contentions, the relevant provisions with regard to registration of a society under the Act, 1860 may be referred to. For ease of reference Sections 2 and 3 of the Act, 1860 are being extracted below:

“2. Memorandum of association:- The memorandum of association shall contain the following things (that is to say)— the name of the society;

the object of the society;

the names, addresses and occupations of the governors, council, directors, committee, or other governing body to whom, by the rules of the society, the management of its affairs is entrusted.

A copy of the rules and regulations of the society, certified to be a correct copy by not less than three of the members of the governing body, shall be filed with the memorandum of association.

3. Registration and fees:- (1) Upon such memorandum and certified copy being filed along with particulars of the address of the Society's office which shall be its registered address, by the Secretary of the Society on behalf of the persons subscribing to the m