Registration of a society under a name that resembles an already registered society violates statutory provisions, necessitating a directive for name change.

JUDGMENT

1. W.P. (C) No.724 of 2019 has been filed to issue a writ of mandamus directing the respondents 1 and 2 to implement/execute the order dated 22.1.2018 issued by the Secretary (Cooperation), Government of Manipur and letter dated 14.1.2019 issued by the Registrar of Societies, Manipur.

2. W.P. (C) No.916 of 2019 has been filed to issue a writ of certiorarified mandamus for quashing the order dated 22.1.2018 directing the petitioner therein to change its name and alter its memorandum within three months and to direct the respondents 1 and 2 to consider and dispose of the representation dated 29.12.2017.

3. M.C.(WP(C)) No.34 of 2022 in W.P. (C) No.916 of 2019 has been filed by the applicant to vacate the interim order dated 13.11.2019 and its subsequent extension.

4. Since the issue involved and parties are one and the same, both the writ petitions were heard together and disposed of by this common order.

4.1 The dispute pertains to registration of two societies, namely Hockey Manipur and Manipur Hockey. Hockey Manipur filed W.P.(C) No.724 of 2019 and Manipur Hockey filed W.P.(C) No.916 of 2019. For the sake of convenience, the parties are referred to as Hockey Manipur and Manipur Hockey.

5. Heard Mr. M. Hemchandra, learned senior counsel for Hockey Manipur in WP(C) No. 724 of 2019; Mr. HS Paonam, learned senior counsel for Manipur Hockey in WP(C) No. 916 of 2019 and Mr. Athouba Khaidem, learned Government Advocate for the respondent State in both the writ petitions.

6. The case of Hockey Manipur is as follows:

Hockey Manipur is a registered society and has been formed by amalgamation of two registered societies, namely Manipur Hokey Association and Manipur Women's Hockey Association. On 1.6.2009, the President of Indian Olympic Association wrote a letter to the President of Manipur Olympic Association stating that the Indian Olympic Association has disaffiliated the Indian Hockey Federation and Indian Women Hockey Federation and provisional affiliation has been given to one Association, namely Hockey India. The aforesaid letter further states that Hockey India shall work on the principle of One Game-One Body and shall thus give recognition to one body in each State/Union Territories to control, manage and administer both men and women Hockey.

6.1. In the wake of formation of unified men's and women's Hockey Association in various States of India under the principles of one game one body, Hockey Manipur was formed by amalgamation in a joint meeting held on 28.6.2009. On 29.6.2009, an ad-hoc committee under the name of Hockey Manipur was constituted and consequent upon the formation of the ad-hoc committee, the Manipur Hockey Association and Manipur Women's Association are suspended from the membership of the Manipur Olympic Association.

6.2. The ad-hoc committee was under the presumption that Hockey Manipur was converted into Manipur Hockey upon its registration with Registrar, Societies, Manipur bearing Registration No.402/M/ST/2009. Manipur Hockey was formed on 6.10.2009 without holding a general body meeting and it has not fulfilled the required procedure and proper documents. Thus, Manipur Hockey was registered on 12.11.2009 by some vested interested persons with mala fide and ulterior motive and the same has been done while the process for amalgamation of Manipur Hockey Association and Manipur Women's Hockey Association was pending.

6.3. Upon amalgamation of the Men's and Women's Hockey Association, the H