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MANOJ KUMAR TIWARI
Sarvan Singh – Appellant
Versus
Deputy Registrar – Respondent
JUDGMENT :
Manoj Kumar Tiwari, J.
Petitioner no. 2 claims to be the Vice President of a registered society known as ‘Gurunanak Siksha Samiti’, which manages three educational institutions in District Udham Singh Nagar, while petitioner no. 1 claims to be the member of General Body of the said society. Petitioners have challenged the order dated 12.7.2024, passed by the Deputy Registrar, Firms, Societies and Chits, Udham Singh Nagar, whereby he has upheld the decision of the Managing Committee of the said society, taken in the meeting held on 13.5.2022, inducting respondent no. 2 to 31 as member of the society.
2. Learned Senior Counsel for the petitioners submits that the order passed by the Deputy Registrar is unsustainable relevant provisions of the bylaws of the society were not considered. He further submits that the Committee of Management held a meeting on 6.5.2022, in which it was decided that next meeting for considering the applications for becoming member shall be held on 13.5.2022; thus any application for membership submitted after 6.5.2022 could not have been considered by the Committee of Management in the next meeting held on 13.5.2022. However, such applications were n
The court clarified that society bylaws do not restrict the timing of membership applications or require personal bank draft preparation.
The Assistant Registrar lacked jurisdiction to review prior decisions regarding membership induction, and the failure to notify affected members violated natural justice principles.
Section 4-B of Act, 1860, Registrar is not supposed to make adjudication of dispute of correctness of membership like a Court but whenever a list is submitted or there is any change in the list of me....
The court ruled that the failure of a society to produce necessary records should not disadvantage members claiming valid induction, emphasizing the importance of proper documentation in membership d....
The validity of society member induction must be adjudicated by civil courts, not administrative bodies, given the complexity and private nature of disputes surrounding it.
Point of Law : Parties could not have been relegated to avail the remedy provided under Section 25 (1) of the Act. In fact, the Deputy Registrar in the order impugned was not concerned only with elec....
Membership in cooperative societies requires compliance with specified contributions and procedures; lacking compliance, tenant status does not automatically confer membership rights.
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