Registration of societies must adhere to statutory naming provisions, and conflicting names must not exist at the time of registration.

1. With consent of learned counsel for the parties, the matter is finally heard.

2. Petitioner is a Society registered under the provisions of Madhya Pradesh Societies Registrikaran Adhiniyam , 1973. It calls in question the orders dated 25.2.2014 and 28.3.2014.

3. Whereas, by order dated 25.2.2014, the State Government of Madhya Pradesh on an appeal under S.40 of Adhiniyam, 1973 while setting aside the order dated 8.4.2013 passed by Registrar, Firms and Societies has remitted the matter with a direction to Registrar to call upon the petitioner Sangh to seek amendment in the name, object, location under S.10 of Adhiniyam, 1973. The impugned order dated 28.3.2014 is in furtherance to the order dated 25.2.2014.

4. The controversy as borne out from the pleadings and the elaborate submissions on behalf of the parties relates to identity of names of the Association, viz., the Petitioner, Athletic Sangh Madhya Pradesh and the respondent No. 4, M.P. Athletics Association.

5. Both these Associations are registered under the provisions of Adhiniyam, 1973.

6. Whereas, the petitioner is registered on 11.8.2009 with an object of organizing various athletic competitions at various levels for the players of Schools, Colleges, Universities and open categories in order to uplift the standard of athletics in the State of Madhya Pradesh.

7. Respondent No. 4 is also registered Association, registered under Adhiniyam, 1973 on 4.8.2009 as Pranteeya Athletics Association. However, later on got the name changed from Pranteeya Athletics Association to that of Madhya Pradesh Athletics Association vide order dated 22.3.2010. Though it is contended on behalf of respondent No. 4 that the change in name has been effected from 4.8.2009; however, the certificate of Registration dated 22.3.2010 brought on record as Annexure R / 1 by respondent No. 4 does not substantiate these contentions. The certificate stipulates that from the date of issuance of certificate, i.e., certificate dated 22.3.2010, the name of the Society would be Madhya Pradesh Athletics Association (Vernacular Matter omitted. Ed.) Sub-section (2) of S.13 of Adhiniyam 1973 envisages that: '(2) If the Registrar is satisfied that the provisions of this Act in respect of change of name have been complied with and that the proposed name is in conformity with the provisions of sub-section (2) of S.6, he shall enter the new name in the register in place of the former one and issue a certificate of registration with necessary alterations embodied therein, and the change of name shall be complete and effective only on issue of such a certificate.' (Emphasis supplied).
Thus, the new name subscribed to the respondent No. 4 vide certificate dated 22.3.2010 became effective from the date of issuance of certificate dated 22.3.2010 and from retrospective date. Therefore, the contention raised on behalf of respondent No. 4 that new name became effective from initial date of the Society's registration, i.e., 4.8.2009 cannot be accepted and is negatived.

8. That, respondent No. 4 preferred an appeal under S.40 of Adhiniyam, 1973 before Registrar, Firms and Societies against the order dated 11.8.2009, i.e., the order whereby the petitioner Association was registered on the plea that respondent No. 4 had initially sought registration in the name of Madhya Pradesh Athletics Association but the same was denied by the Authorities (however, there is no such order brought on record to substantiate this claim) which led the respondent itself registered as Pranteeya Athletics Sangh. In appeal it has also been contended that at th