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Section 23 Disputes: Must Be Raised in District Court Where Society is Registered
Navigating internal disputes in registered societies can be tricky. Whether it's expulsion of members, election challenges, or management conflicts, knowing the right forum is crucial. The core question many face: The dispute under Section 23 must be raised in the District Court where the society is registered – is this accurate? This post breaks it down based on key judicial interpretations, helping society members understand their remedies.
What is Section 23 of the Societies Registration Act?
Section 23 typically appears in state-specific Societies Registration Acts, like the Andhra Pradesh Societies Registration Act, 2001 and Telangana Societies Registration Act, 2001. It provides a mechanism for resolving disputes touching the affairs of the society between members, the society and its members, or governing bodies.
- Key provision: An aggrieved party can file a petition or Statement of Objections (SOP) in the District Court concerned.
- Scope: Covers elections, expulsions, mismanagement, membership refusals, and more. Lalita Kumari VS Govt. of U. P. - 2013 8 Supreme 1
Courts have clarified that writ petitions are not maintainable for such internal matters; parties must exhaust remedies under Section 23 first. K.S. Gopal vs State of Telangana - 2025 Supreme(Online)(TEL) 850
Why the District Court Where the Society is Registered?
The High Court in a pivotal case held: the dispute under Section 23 must be raised in the District Court where the society is registered. This stems from interpreting District Court concerned using Code of Civil Procedure (CPC) principles, as the Act is silent on specifics. Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 Supreme(SC) 1033
Judicial Precedent on Jurisdiction
- Supreme Court ratio: When a statute directs disputes to an established Court like the District Court, CPC governs jurisdiction determination. The court where the society is registered typically holds territorial jurisdiction. Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 Supreme(SC) 1033
- Overturned High Court view: A District Judge initially dismissed a jurisdiction objection, but the High Court corrected it, emphasizing registration location as decisive. The Supreme Court set aside this, affirming CPC application. Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 Supreme(SC) 1033
Example: In a petition under Section 23, if the society is registered in Guntur District, III Additional District Judge at Guntur has jurisdiction for SOPs. Jerripothula Samule Kiran VS Bible Missio - 2020 Supreme(AP) 762
Types of Disputes Covered Under Section 23
Section 23 applies broadly to internal society disputes. Common scenarios from case law:
1. Membership and Expulsion Disputes
- Expulsion challenges: A member expelled can file under Section 23. E.g., Prl. District Judge wrongly dismissed, remitted for fresh consideration as it fell under Section 23. Pariti Chandrasekhar Rao, S/o. Late Surya Subramanyam VS George Club & Another, Rep. by it Secretary - 2023 Supreme(AP) 1057
- Resignation invalidity: Person who resigned loses membership; Section 23 petition not maintainable. Principle of 'nip in the bud' prevents frivolous litigation. M. Sanjay Kumar VS Shanta Educational Society - 2024 Supreme(Telangana) 513
- Refusal of membership: Valid, timely refusal (e.g., unpaid dues) upheld; no deemed membership. Banganga Anurag Cooperative Housing Society Limited vs Divisional Joint Registrar - 2025 Supreme(Bom) 1842
2. Election and Governing Body Conflicts
- Debarment from positions: Former president can challenge under Section 23 if against bye-laws. Trial court must hear on merits. B. Anantha Reddy vs Indu Fortune Fields Villa Owners Association, Hyderabad - 2025 Supreme(Online)(TEL) 4596
- Multiple governing body claims: Registrar accepts lists but cannot resolve disputes; parties go to Section 23 or arbitration. The Convention of Baptist Churches vs The Convention Baptist Churches - 2025 Supreme(Online)(AP) 3652
3. Mismanagement and Registrar's Role
- Registrar's limits: Cannot decide internal disputes like elections or removals; remit to District Court under Section 23. KHAN ABDUL GAFFAR KHAN MEMORIAL EDUCATIONAL SOCIETY VS DISTRICT REGISTRAR OF SOCIETIES - 2007 Supreme(AP) 870
- Writ not for internals: Disputes like financial irregularities must go to arbitration or District Court, not High Court writs. K.S. Gopal vs State of Telangana - 2025 Supreme(Online)(TEL) 850
Quote: disputes among society members must be resolved through arbitration or in the District Court as per Section 23 of the Act, 2001. K.S. Gopal vs State of Telangana - 2025 Supreme(Online)(TEL) 850
Procedure for Filing Under Section 23
- Identify jurisdiction: File in District Court where society registered (CPC principles apply). Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 Supreme(SC) 1033
- File SOP or petition: For expulsion, elections, etc. No appeal under CPC Section 96/Order 41; revision under Article 227 possible if Act silent. Jerripothula Samule Kiran VS Bible Missio - 2020 Supreme(AP) 762
- Exhaust remedies: Courts dismiss writs if Section 23 available. Masjide Mohammadia Ahle Hadees VS Registrar of Societies - 2024 Supreme(Telangana) 424
- No civil suit parallel: Regular suits barred if under Section 23 purview. Dakka Bheem Prakash Bharath Mohan vs Vikas Nagar Welfare Society - 2025 Supreme(Online)(Tel) 56511
Important: Registrar verifies but doesn't adjudicate; District Court does. The Convention of Baptist Churches vs The Convention Baptist Churches - 2025 Supreme(Online)(AP) 3652
Common Mistakes to Avoid
- Wrong forum: Filing writs instead of Section 23 petitions leads to dismissal. K.S. Gopal vs State of Telangana - 2025 Supreme(Online)(TEL) 850
- Delay: Challenge resolutions promptly; laches may bar relief.
- Non-members: Resigned/expelled can't file unless membership proven. M. Sanjay Kumar VS Shanta Educational Society - 2024 Supreme(Telangana) 513
- Assuming appeals: No statutory appeal; use revision sparingly. Jerripothula Samule Kiran VS Bible Missio - 2020 Supreme(AP) 762
Key Takeaways for Society Members
| Dispute Type | Correct Forum | Key Case Reference |
|--------------|---------------|--------------------|
| Member expulsion | District Court (registered place) | Pariti Chandrasekhar Rao, S/o. Late Surya Subramanyam VS George Club & Another, Rep. by it Secretary - 2023 Supreme(AP) 1057 |
| Election disputes | Section 23 petition | B. Anantha Reddy vs Indu Fortune Fields Villa Owners Association, Hyderabad - 2025 Supreme(Online)(TEL) 4596 |
| Mismanagement | Arbitration/District Court | K.S. Gopal vs State of Telangana - 2025 Supreme(Online)(TEL) 850 |
| Governing body clash | Section 23 | The Convention of Baptist Churches vs The Convention Baptist Churches - 2025 Supreme(Online)(AP) 3652 |
- Always check registration district for jurisdiction. Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 Supreme(SC) 1033
- Act quickly: Resolutions bind unless challenged under Section 23.
- Alternative remedies: Arbitration under Arbitration Act if bye-laws provide. K.S. Gopal vs State of Telangana - 2025 Supreme(Online)(TEL) 850
Conclusion: Empower Yourself with the Right Forum
The rule is clear: The dispute under Section 23 must be raised in the District Court where the society is registered. This ensures efficient, localized resolution of internal conflicts, preventing overburdened High Courts. While state Acts vary slightly (e.g., AP vs. Telangana), the principle holds. Consult local laws and precedents for nuances.
Disclaimer: This post provides general information based on judicial trends and is not legal advice. Legal situations vary; consult a qualified lawyer for your specific case. Societies should maintain transparent records to avoid disputes.
Sources: Insights drawn from Supreme Court and High Court judgments e.g., Terapalli Dyvasahata Kumar VS S. M. Kantha Raju (Dead) Thr. Lrs. - 2017 Supreme(SC) 1033, Jerripothula Samule Kiran VS Bible Missio - 2020 Supreme(AP) 762, K.S. Gopal vs State of Telangana - 2025 Supreme(Online)(TEL) 850. For full texts, refer to legal databases.
Search Results for "Section 23 Disputes: File in District Court Where Society Registered"
1990 0 Supreme(SC) 740 • India - Supreme Court
S.R.PANDIAN, K.JAYACHANDRA REDDY
Indian Penal Code,1860 - Section 307- Prevention of Corruption Act, 1947- Appeal Against Conviction - First ... the above decisions of this Court, we feel that the said observations made in the impugned judgment are unwarranted and the historical ... Information Report - Everyone whether individually or collectively is unquestionably under the supremacy of law. ... As has been repeatedly mentioned the case under consideration is not only registered #....
2011 8 Supreme 270 • India - Supreme Court
G.S.SINGHVI, H.L.DATTU
Code of Criminal Procedure ,1973- Section 439 - Appellants facing trial in respect of offences under Sections 420-B, 468, 471 and ... 439 - Appellants facing trial in respect of offences under Sections 420-B, 468, 471 and 109 of Indian Penal Code and Section 13( ... 439 - Appellants facing trial in respect of offences under Sections#H....
2013 8 Supreme 1 • India - Supreme Court
P. SATHASIVAM, B. S. CHAUHAN, RANJANA PRAKASH DESAI, RANJAN GOGOI, S. A. BOBDE
FIR under Section 154 of Code is that there must be information and that information must disclose a cognizable offence-If any information ... Section 44 of Police Act, 1861, with regard to fact as to whether FIR is to be registered in FIR book or in General Diary, provisions ... his power of arrest, he can be tried and punished under Section 166 of IPC. ... Administrator, Union ....
1985 0 Supreme(SC) 229 • India - Supreme Court
D. P. MADAN, M. P. THAKKAR, R. S. PATHAK, V. D. TULZAPURKAR, Y. V. CHANDRACHUD
Livelihood is a matter of concern to the individual and his family as also a matter of public interest and in appropriate case public ... (2) WITHOUT FORMAL PROCEEDINGS - LARGE SCALE BREAKDOWN OF DISCIPLINE—HOLDING OF FORMAL ENQUIrY UNDER ARTICLE 311(2) NOT POSSIBLE—DISPENSED ... EXECUTIVE INSTRUCTIONS - ADMINISTRATIVE ACTIONS - TAKING AWAY OF EMPLOYMENT IN PUBLIC INTERST UNDER SECOND PROVISO TO A....
1986 0 Supreme(SC) 115 • India - Supreme Court
D.P.MADAN, A.P.SEN
UNDER THIS SECTION IS “THE STATE” WITHIN THE MEANING OF ARTICLE 12 - ... ... section, it does not follow that it thereby ceases to be an instrumentality or agency of the State. ... case of Central Inland Water Transport Corporation Ltd. v. ... Under S. 23 of the said Act, the society was a body corporate by the name under which it was registered#HL_E....
2017 0 Supreme(SC) 1033 • India - Supreme Court
ROHINTON FALI NARIMAN, SANJAY KISHAN KAUL
petition, holding that the dispute under Section 23 must be raised in the District Court where the society is registered. ... Issues: The main issue was the interpretation of 'District Court' under Section 23 of the 2001....
2025 Supreme(Online)(TEL) 850 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR
reiterated that disputes among society members must be resolved through arbitration or in the District Court as per Section 23 of ... under Section 23 of the Act, 2001, and not through writ petitions. ... disputes of the Society - The court#HL_EN....
2025 Supreme(Online)(TEL) 4596 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
K. SUJANA
(A) Andhra Pradesh Societies Registration Act, 2001 - Section 23 - Dispute among members regarding election and position within a ... ... ... Issues: Whether the petitioner is entitled to challenge the resolution under Section 23 of the Act. ... the resolution under Section 23, which provides a remedy for members against disputes#HL....
2024 0 Supreme(Telangana) 513 • India - Telangana
SUJOY PAUL
not a member, making the application under Section 23 of the Act not maintainable. ... member, thus application under Section 23 not maintainable – Principle of 'nip in the bud' applicable to prevent unnecessary litigation ... regarding his removal as a founding member of a society, claiming the resignation was invalid. ... treated to be a ‘mem....
2007 0 Supreme(AP) 870 • India - Andhra Pradesh
L.NARASIMHA REDDY
, the aggrieved party can approach the District Court by filing a petition under section 23 of Act other hand if anyone feels that ... prescribed under Section 8 of the Act was not followed and accordingly remanded the matter to the 3rd respondent for fresh consideration ... under Section 23....
2025 Supreme(Online)(Del) 47762 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
On the one hand, the 1860 Act refers the dispute that arises under Section 13 only to the Principal Court of Original Civil Jurisdiction of the district in which the chief building of the society is situate. ... On the other hand, Section 11 of the 1940 Act and Section 23 of the 2001 Act enable the person aggrieved to file an application in the “District Court concerned”. It is this expression that has to be constr....
2025 0 Supreme(Bom) 1842 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
23(2) - The principle of deemed membership does not apply where valid refusal occurs within the stipulated time frame - Clear evidence ... href='#26'>26, 37) ... ... (B) Membership Refusal - Timely and reasoned refusal of membership upheld under Section ... To resolve the dispute raised in this writ petition, the Court must first examine the statutory scheme that governs the subject. In this context, Sections 22 (2), 23(2), and 154-B-7 of the Maharashtra Cooperativ....
2024 0 Supreme(Telangana) 513 • India - Telangana
SUJOY PAUL
(A) Telangana Societies Registration Act, 2001 – Section 23 – Code of Civil Procedure, 1908 – Order VII ... Rule 11 – Maintainability of application under Section 23 questioned – Court held that resignation renders individual no longer a ... member, thus application under Section 23 not maintainable – Principle of 'nip in the bud' applicable to prevent unnecessary litigation ... A plain reading of Section 23 of the Act leaves no room for any doubt th....
2025 Supreme(Online)(TEL) 850 • India - IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR
(A) Societies Registration Act, 2001 - Section 23 - Writ petition challenging the order of the Registrar of Societies regarding internal ... 23 of the Act, 2001. ... 23 of the Act, 2001, and not through writ petitions. ... of resolution passed by the society, the aggrieved party can approach the District Court by filing a petition under Section 23. ... Section 23 of Telangana Societies Registratio....
2024 0 Supreme(Telangana) 424 • India - Telangana
NAGESH BHEEMAPAKA
(A) Telangana Societies Registration Act, 2001 – Section 14(3)(1) and Section 23 – Writ Petition dismissed ... for lack of locus standi and availability of alternative remedy under Section 23 – Petitioner's committee dissolved unlawfully without ... When Section 23 specifically provides dispute redressal mechanism if a dispute arises between a society’s members or committee, any member can use the Arbitration and Conciliation Act, 1996 to resolve the....
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