The issuance of a fresh registration certificate for a society is invalid if the original certificate remains valid and a cancellation proceeding is pending.

JUDGMENT

23rd December, 2024

SASHIKANTA MISHRA, J.

The petitioner No. 1 is a society registered under the Societies Registration Act, 1860 . The other petitioners are its Executive Members.

2. Having regard to the issues involved, it is necessary to relate the facts in some detail. In 1993, several film producers and production houses came together and decided to form a society to promote, protect and safeguard the interest of the cinema industry at large and particularly, of the producers, exhibitors and distributors in the State of Odisha. They applied for registration of the society in the name of Utkal Cine Chamber of Commerce by depositing the requisite fees. On 5.10.1993, the Additional Registrar of Societies, Cuttack issued certificate of registration of the society, namely, Utkal Cine Chamber of Commerce bearing certificate number 12663 /409 /1993- 1994. With passage of time new members got registered with the society. The society, which had initially started with 15 members now has around 290 members. The society functions through its 3 sections, namely, Film Production Section, Film Distribution Section and Film Exhibition Section. The Film Production Section of the society passed a resolution on 04.01.2021 to change the domain name of the association from Utkal Cine Chamber of Commerce - Production Section to Odisha Film Producers Association (OFPA). OFPA is a unit of UCCC. Any person who subscribes to the membership of OFPA becomes a member of the UCCC but it has separate office bearers and they are duly elected to its posts. Each section of UCCC that is, Film Producer Section (OFPA), Film Distribution Section and Film Exhibition Section have separate office bearers. The office bearers of these 3 sections become the executive members of UCCC.

3. The private opposite parties are not the executive members of the petitioner society. On 24.05.2023, some of the so called members, without any authorization of the President or Secretary of the petitioner society convened an illegal and unauthorised meeting wherein they appointed themselves as President and Secretary of the society without any authorization. These members then filed a representation on 26.05.2023 before the Additional Registrar of Societies raising a complaint against the petitioner society and claimed cancellation of the certificate of registration dated 05.10.1993. The representation was submitted complaining about the society‟s elections and disclosure of funds.

4. Subsequently, some of the said complainants filed a writ petition before this Court being W.P.(C) No. 18420 of 2023 for a direction to the Additional Registrar of Societies and Additional District Magistrate to dispose of their representation dated 26.05.2023. This Court, by order dated 08.06.2023 directed the Additional Registrar of Societies and Additional District Magistrate to dispose of the representation of the petitioners within 3 weeks from the date of receipt of the order.

5. On 01.07.2023, the Deputy Collector issued a notice asking the petitioner society and all its office bearers to appear personally and submit written submissions and supporting documents on 07.07.2023. However the notice was sent to the office bearers of Odisha Film Producers Association. Said notice was never issued to the office bearers of UCCC. Nevertheless, notice having been served on the members of OFPA, the office bearers appeared before the authorities and pointed out that the notice was sent to the office bearers of OFPA though intended for UCCC. The office bearers of OFPA also filed reply refuting all the allegations raised by the private opposite parties and clarified the factual as