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The order passed after a committee is declared time barred, especially if it seeks to invalidate elections held prior to or after the expiry, is generally viewed as exceeding the Assistant Registrar’s jurisdiction ["Arya Kanya Pathshala Samiti VS State Of U. P. - 2024 0 Supreme(All) 657"], ["Laxmi Narain Agarwal VS State of U. P. - Allahabad"], ["Committee of Management, Shaoul Uloom Educational Society, Karmaini, Azamgarh VS Commissioner, Azamgarh Division, Azamgarh - Allahabad"].
Analysis and Conclusion:
References:- ["Arya Kanya Pathshala Samiti VS State Of U. P. - 2024 0 Supreme(All) 657"]- ["Pratibha Shikshan Samiti Thru Manager Shri Indra Kumar VS State Of U. P. Thru Prin. Secy. Deptt. Of Finance And Audit - Allahabad"]- ["Dhampur Mahila Shiksha Sabha VS State Of UP - Allahabad"]- ["GYANODAYA ASSOCIATION SANSARIPUR VS STATE OF U. P. - 2015 0 Supreme(All) 876"]- ["Laxmi Narain Agarwal VS State of U. P. - Allahabad"]- ["Committee of Management, Shaoul Uloom Educational Society, Karmaini, Azamgarh VS Commissioner, Azamgarh Division, Azamgarh - Allahabad"]
Managing a registered society in India involves navigating the Societies Registration Act, 1860, particularly when committee terms expire. A common question arises: under Society Registration Act, once the committee has been declared time barred, another order for time barred passed by assistant registrar is out of jurisdiction?
This issue frequently surfaces in disputes over society elections and management committees. Society members, office-bearers, and administrators often challenge repeat orders from Registrars or Assistant Registrars. Generally, the law limits such declarations to a one-time exercise, emphasizing finality and jurisdictional bounds. This post breaks down the legal position, key judicial precedents, and practical implications, drawing from established case law.
Note: This is general information based on judicial interpretations and not specific legal advice. Consult a qualified lawyer for your situation.
Under the Societies Registration Act, 1860, once a committee has been declared time-barred by the Registrar or Assistant Registrar, subsequent orders attempting to declare the same committee as time-barred are beyond the jurisdiction conferred by the Act. The statutory scheme under Section 25(2) empowers the Registrar or Assistant Registrar to make an initial declaration if a committee's term expires without re-election. However, this authority does not extend to re-declarations or revisits, as they would be ultra vires (beyond legal power).Arya Kanya Pathshala Samiti VS State Of U. P. - 2024 0 Supreme(All) 657
Judicial decisions consistently uphold this principle, stressing that such orders attain finality. For instance, courts have quashed repeat orders as illegal and without jurisdiction.GYANODAYA ASSOCIATION SANSARIPUR VS STATE OF U. P. - 2015 0 Supreme(All) 876
Section 25(2) specifically empowers the Registrar or Assistant Registrar to intervene when a society's managing committee fails to hold elections within the prescribed term, typically outlined in the society's bye-laws. This includes declaring the committee time-barred and directing elections. However, this power is a one-time exercise. As held in a key judgment: The order of the Registrar declaring the Committee as time barred is final and once a committee has been declared time barred, subsequent orders for the same purpose are beyond the jurisdiction conferred by the Act.GYANODAYA ASSOCIATION SANSARIPUR VS STATE OF U. P. - 2015 0 Supreme(All) 876
Similarly: The power of the Registrar or Assistant Registrar to declare a committee as time barred is a one-time exercise; once such a declaration is made, further declarations are without jurisdiction.Narinder Prakash Gupta VS Amit Kumar - 2024 0 Supreme(P&H) 1340
Multiple High Court rulings confirm these limits:- In a case before Rajan Roy, J., subsequent orders post-declaration were deemed ultra vires.GYANODAYA ASSOCIATION SANSARIPUR VS STATE OF U. P. - 2015 0 Supreme(All) 876- Grover, J. ruled that orders beyond the initial declaration violate jurisdiction.Narinder Prakash Gupta VS Amit Kumar - 2024 0 Supreme(P&H) 1340- G.S. Patel, J. emphasized: jurisdiction is confined to the initial declaration, barring subsequent ones.Satya Pal Anand VS State of M. P. - 2016 0 Supreme(SC) 871
From additional sources, courts have quashed orders where Assistant Registrars overstepped. For example, in one matter, an order holding a committee time-barred was invalidated because it ignored prior assumptions of charge: become time barred, the order cannot be passed holding a committee to be time barred, who has assumed the charge on 1.7.2018.Omaxe Residency-I Resident Welfare Association VS V. C. Lucknow Development Authority U. P. Arartment Act, Lko. - 2019 Supreme(All) 2482
In another, the Deputy Registrar's election notification under Section 25(2) was set aside as wholly without jurisdiction, with directions to follow bye-laws: impugned orders being wholly without jurisdiction and being contrary to the provisions contained under Section 25(2) is hereby set aside.Omaxe Residency-I Resident Welfare Association VS V. C. Lucknow Development Authority U. P. Arartment Act, Lko. - 2019 Supreme(All) 2482
Repeat orders often fail on natural justice grounds, such as lack of hearings or ignoring prior finality. In a case involving registration renewal, the court quashed an order for not issuing a tentative member list and bypassing renewal checks: The impugned order was quashed as the Assistant Registrar did not consider the renewal of the society's registration and did not act in accordance with the principles of natural justice.Ram Dev VS State of U. P. - 2020 Supreme(All) 1242
Similarly, where an Assistant Registrar directed elections without bye-law compliance: Assistant Registrar has no power to change or alter terms of Bye-Laws of Society.ANAND SWAROOP AGARWAL VS STATE OF U. P. - 2015 Supreme(All) 1386
While strict, exceptions exist:- Genuine Errors or Fraud: A fresh proceeding may be initiated via proper statutory routes, not mere re-declarations.Arya Kanya Pathshala Samiti VS State Of U. P. - 2024 0 Supreme(All) 657- Renewal or Registration Issues: No jurisdiction without renewed registration: unless the registration of the society is renewed, the Assistant Registrar would have no jurisdiction.Ram Dev VS State of U. P. - 2020 Supreme(All) 1242- Bye-Law Conflicts: Orders ignoring bye-laws (e.g., term lengths) are quashed, as seen in disputes over one-year terms versus provisions for filling vacancies.ANAND SWAROOP AGARWAL VS STATE OF U. P. - 2015 Supreme(All) 1386
In election disputes, courts direct adjudication by prescribed authorities before finalizing voter lists: The Assistant Registrar cannot finalize the list of members for fresh elections unless the legality of the previous elections has been adjudicated.Committee of Management Sri Lal Bahadur Shastri Junior High School, Milkipur, Azamgarh VS Assistant Registrar, Firms, Societies and Chits, Azamgarh - 2004 Supreme(All) 2126
To avoid jurisdictional pitfalls:- Respect Finality: Post-declaration, focus on elections rather than challenging or re-seeking time-barred status.- Challenge Ultra Vires Orders: File writ petitions if repeat orders emerge, citing precedents like those above.- Follow Procedures: Ensure bye-laws, renewals, and member lists comply before elections. For instance, exclude only verified dead/retired members per prior lists.COMMITTEE OF MANAGEMENT, KSHETRIY SHRI GANDHI AASHRAM MAGHAR VS PRESCRIBED AUTHORITY/S. D. M. KHALILABAD - 2017 Supreme(All) 2255- Seek Judicial Review: High Courts frequently intervene, as in cases quashing orders for exceeding powers.C/M Arya Kanya Pathshala Samiti And 3 Others Vs. State Of U.P. And 3 Others - 2024 Supreme(Online)(ALL) 264
Generally, under the Societies Registration Act, 1860, the Assistant Registrar's power to declare a committee time-barred is exhaustive after the initial order. Subsequent attempts are typically out of jurisdiction, ultra vires, and challengeable in court. This upholds statutory intent, prevents abuse, and ensures smooth society governance.
Key Takeaways:- Initial declaration under Section 25(2) is final.Arya Kanya Pathshala Samiti VS State Of U. P. - 2024 0 Supreme(All) 657- Re-orders violate jurisdiction and natural justice.GYANODAYA ASSOCIATION SANSARIPUR VS STATE OF U. P. - 2015 0 Supreme(All) 876Narinder Prakash Gupta VS Amit Kumar - 2024 0 Supreme(P&H) 1340- Always align with bye-laws and registration status to avoid quashing.
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#SocietiesAct, #TimeBarredCommittee, #RegistrarJurisdiction
The Assistant Registrar has passed the impugned order dated 19.09.2023 whereby elections dated 30.10.2021 and 10.06.2023 have been declared invalid and further in exercise of powers under Section 25(2) of the Act of 1860 Committee of Management of the society has been declared as time barred and process ... The Assistant Registrar vide order dated 19.09.2023 has....
The respondent No.2 by the impugned order dated 23.9.2013, has declared the society time barred holding that the election of the society ought to have been concluded by 20.12.2008 which has not been conducted and on this ground has declared the committee of management of the society time barred w.e.f ... The Deputy Registrar vide order dated 22.10.2008 passed #H....
The Assistant Registrar, Firms, Societies and Chits, Moradabad passed an order on 28.1.2021 whereby the Committee of Management of Society No.1 was declared to be time barred and elections were directed to take place on the basis of the list of members of the general body of the Society No.1 published ... registered under the Societies Registration Act, 1860. ... , the Committee of Management of #....
In the present case, instead of adopting the aforesaid course of action the Deputy Registrar passed an order dated 23.3.2015 whereby he declared the Committee of Management as time-barred with effect from 13.11.2011. ... Assistant Registrar (supra) is concerned this Court held that if the outgoing committee-of-Management had held the elections before an order having been passed by the Deputy Registrar#HL_....
The Assistant Registrar vide order dated 19.09.2023 has also declared the Committee of Management of the society as time barred in exercise of powers under Section 25(2) of the Societies Registration Act, 1860 and further for elections of the Committee of Management of the society ... The Assistant Registrar has passed the impugned o....
registered under ‘The Karnataka Societies Registration Act, 1960’. ... Section 9 of the CPC confers power on the Civil Court to try all the suits of civil nature, except which are expressly or impliedly barred. It is nobody's case that, the jurisdiction of the Civil Court is expressly barred under the provisions of the Act. ... Section 15 further mandates such registered society shall file with the Registrar a copy of the register maintained by it u....
become time barred, the order cannot be passed holding a committee to be time barred, who has assumed the charge on 1.7.2018. ... , Additional Registrar, Joint Registrar or Assistant Registrar, wherein this Court has held that the Registrar does not have power to delegate jurisdiction of one Assistant Registrar to another Depu....
of the Assistant Registrar dated 16-4-1986 be declared as null and void. ... Urwa Bazar Educational Society is a charitable society registered under the Societies Registration Act since 17-3-1960. This society runs Ram Rekha Singh Intermediate College, URWA Bazar through its committe of management. ... Verma that the Assistant Registrar has exceeded his jurisdiction in passing th....
time barred because of the order of the Division Bench dated 21.11.2003. ... Registration Act, the Assistant Registrar get a right to decide the electoral college only when an order under Section 25 (2) has been issued. ... The Assistant Registrar issued two orders dated 7th May, 2004 and 29th May, 2004, wherein he has held that fresh elections of the Committee of Management shall be held under Section 25 (2) of th....
First and foremost the law is very well-settled that unless the registration of the society is renewed, the Assistant Registrar would have no jurisdiction to proceed under Societies Registration Act, 1860. ... in the last elections has become time barred. ... Moreover, as informed by learned Counsel for parties the registration of the society has also not been renewed, therefore, in these circumst....
The Deputy Registrar himself has declared in the impugned order that the committee of management of the Society had become time-barred after December, 2008 and, the said finding has not been challenged by the respondents and, thus, it has attained finality.
In the present case, the Assistant Registrar has recorded the finding that the registration of the petitioner-society is barred under Section 3-A of the Societies Registration Act in the absence of prior permission of the Government. Relying upon the interpretation of the Circular dated 22-12-2005, it is held that the use of name “Rashtriya” in the name of the society directly or by implication suggests the patronage of the Government of India or the State Government. The decision of the learned Single Judge of this Court in the case of Satyaprakash Sharma, cited supra, wil....
4. Brief facts of the case are that there is a Society in the name of Kshetriya Shri Gandhi Ashram Maghar District-Sant Kabir Nagar and a dispute arose with regard to the election of Office Bearer of the Society. Assistant Registrar, Gorakhpur i.e. respondent No. 2 vide order dated 12.1.2016, declared Committee of Management of Society as time barred and further held that election shall take place under the provision of Section 25(2) of the Societies Registration Act, 1860 amongst the list of valid members of general body of the year 2014-15 excluding dead and retired members.#HL_E....
Hon’ble Manoj Misra, J.—The present petition has been filed against an order dated 12.6.2017 passed by the Assistant Registrar, Firms, Societies & Chits, Moradabad Division, Moradabad (in short Assistant Registrar) by which the Assistant Registrar has disapproved the resolutions dated 6.10.2013, 20.4.2014 and 10.9.2015 allegedly passed by the general body of a Society named M/s. Board of Trustees Miftah-Ul-Uloom, Chandpur Bijnor, and, after declaring the management committee time barred, has directed holding of election under Section 25(2) of the Societies Registration Act, 1860 (i....
He accordingly directed for convening a meeting of the General Body of the Society for the purpose of elections. 2. The Assistant Registrar by the impugned order inter alia holds that the term of the Managing Committee of the Society is to be treated as one year and as its elections have not been held within time the Managing Committee has become time barred.
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