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Understanding Statement of Purpose under Section 23 of Societies Registration Act
Filing disputes related to society management often leads members to courts, but not all paths are correct. A Statement of Purpose filed according to Section 23 of the Registration of Societies Act is a common starting point for challenging elections, mismanagement, or internal governance issues. However, courts have repeatedly clarified when such filings are maintainable and the proper forums. This post breaks down key judicial interpretations, helping society members navigate these complex provisions effectively.
Important Disclaimer: This article provides general information based on judicial precedents. Legal outcomes depend on specific facts. Consult a qualified lawyer for advice tailored to your situation.
What is Section 23 of Societies Registration Act?
Section 23 typically addresses disputes regarding management of registered societies. Different states have adapted the Societies Registration Act, 1860, with variations like the Telangana Societies Registration Act, 2001 and A.P. Societies Registration Act, 2001 incorporating similar provisions.
Key features include:
- Jurisdiction: Disputes must be filed before designated courts, often District Courts or via arbitration.
- Scope: Covers elections, mismanagement, account statements, and general body meetings.
- Who can file: Generally, current members of the society M. Sanjay Kumar VS Shanta Educational Society - 2024 Supreme(Telangana) 513.
Section 23 of the Telangana Societies Registration Act, 2001 (Act 35 of 2001) is extracted as under: '23. Dispute regarding management...' S. A. Surabhi Prasad, HYD VS R. Kodanda Rao, Hyd Six - 2021 Supreme(Telangana) 306
Maintainability of Statement of Purpose under Section 23
Courts emphasize that internal disputes cannot be resolved through writ petitions under Article 226. Instead, Section 23 provides the statutory remedy.
Key Rulings on Maintainability
- Resignation Ends Membership Rights: A person who resigns cannot file under Section 23. Court held that resignation renders individual no longer a member, thus application under Section 23 not maintainable – Principle of 'nip in the bud' applicable M. Sanjay Kumar VS Shanta Educational Society - 2024 Supreme(Telangana) 513.
- Writ Petitions Not Maintainable: Internal disputes of societies must be resolved through arbitration or District Court as per Section 23 of the Societies Registration Act, 2001, not via writ petitions K.S. Gopal vs State of Telangana - 2025 Supreme(Online)(TEL) 850.
- Registrar's Limited Role: The Registrar cannot adjudicate internal disputes. The Registrar lacks authority to resolve internal disputes and the petitioner must seek remedies under the Arbitration and Conciliation Act, 1996 or District Court K.S. Gopal vs State of Telangana - 2025 Supreme(Online)(TEL) 850.
In one case, a petition seeking declaration of elections as illegal was dismissed after merits discussion, upholding trial court findings S. A. Surabhi Prasad, HYD VS R. Kodanda Rao, Hyd Six - 2021 Supreme(Telangana) 306.
Proper Forum for Filing Disputes
| Forum | Applicable Disputes | Reference |
|-------|---------------------|-----------|
| District Court | Management disputes, elections, accounts | President, Sri Vasavi Kanyaka Parameswari Arya Vyshya Nithyanna Sathra Sangham, Yadagirigutta Village VS Yelakanti Balesh - 2023 Supreme(Telangana) 276 |
| Arbitration | As per society bylaws or Section 23 | K.S. Gopal vs State of Telangana - 2025 Supreme(Online)(TEL) 850 |
| Registrar | Registration, annual lists only (no adjudication) | Kasturidevi Vidyalayam Committee, Rep. , by Secretary & Correspondent VS State of Andhra Pradesh - 2021 Supreme(AP) 1009 |
| High Court (Writ) | Rarely, only if statutory authority exceeded jurisdiction | Satya Prakash Ravidas vs Alakh Niranjan Prasad Singhna - 2026 Supreme(Del) 372 |
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.
Registrar's Powers Limited
The Registrar must receive annual lists but cannot verify validity or hold inquiries. The Registrar is bound to receive and file the annual list of members... He cannot either accept or reject the same. Such a power of adjudication is not conferred on the Registrar Kasturidevi Vidyalayam Committee, Rep. , by Secretary & Correspondent VS State of Andhra Pradesh - 2021 Supreme(AP) 1009.
Common Scenarios and Judicial Outcomes
1. Challenging Elections
Petitioners often seek injunctions for elections or receivership. Courts direct filing under Section 23, not writs. In a theatre troupe society case, the SOP was analyzed on merits and dismissed S. A. Surabhi Prasad, HYD VS R. Kodanda Rao, Hyd Six - 2021 Supreme(Telangana) 306.
2. Mismanagement and Accounts
Claims of financial irregularities require Section 23 petitions. Petitioner alleged mismanagement and financial irregularities... The court found the writ petition not maintainable K.S. Gopal vs State of Telangana - 2025 Supreme(Online)(TEL) 850.
3. Amendment of Bylaws
Registrar cannot adjudicate amendments. Section 3 of the Societies Registration Act does not empower the Registrar of Societies to adjudicate any issues with regard to the amendment Satya Prakash Ravidas vs Alakh Niranjan Prasad Singhna - 2026 Supreme(Del) 372.
4. Historical vs. Modern Acts
Older Societies Registration Act, 1860 (Section 6) parallels Section 23. Language used in both provisions is materially same. However, the SOP has been filed under an Act which has since been repealed President, Sri Vasavi Kanyaka Parameswari Arya Vyshya Nithyanna Sathra Sangham, Yadagirigutta Village VS Yelakanti Balesh - 2023 Supreme(Telangana) 276.
Step-by-Step Guide: Filing under Section 23
- Verify Membership: Ensure you are a current member M. Sanjay Kumar VS Shanta Educational Society - 2024 Supreme(Telangana) 513.
- Exhaust Internal Remedies: Check society bylaws for general body meetings.
- Draft Statement of Purpose: Clearly state disputes (e.g., illegal elections, accounts).
- File in Correct Court: District Court under whose jurisdiction the society functions President, Sri Vasavi Kanyaka Parameswari Arya Vyshya Nithyanna Sathra Sangham, Yadagirigutta Village VS Yelakanti Balesh - 2023 Supreme(Telangana) 276.
- Avoid Writs Initially: High Courts dismiss for non-exhaustion of remedies Satya Prakash Ravidas vs Alakh Niranjan Prasad Singhna - 2026 Supreme(Del) 372.
- Seek Interim Relief: Possible for urgent matters like elections.
When Can Writ Jurisdiction Be Invoked?
Rarely, if Registrar acts ultra vires. Disputes arising from the internal management of a registered society are not justiciable in writ jurisdiction and must be resolved in a competent civil court Satya Prakash Ravidas vs Alakh Niranjan Prasad Singhna - 2026 Supreme(Del) 372.
In A.P., Registrars cannot inquire into meeting validity under Section 9. The Societies Registration Act, 2001 does not give such a power to the Registrar under Section 9 of the Act Raghavarao Polavarapu VS State of Andhra Pradesh - 2021 Supreme(AP) 1010.
Key Takeaways for Society Members
- Section 23 is Mandatory: Primary remedy for management disputes.
- Membership is Key: Resigned members lack locus standi.
- No Shortcuts via Writs: Courts consistently redirect to statutory forums.
- Registrar's Role: Administrative, not adjudicatory.
- Seek Expert Help: Complex bylaws and state variations require legal guidance.
Court is not inclined to appreciate said proposition - When case lacks merits, it deserves dismissal S. A. Surabhi Prasad, HYD VS R. Kodanda Rao, Hyd Six - 2021 Supreme(Telangana) 306.
Conclusion
Navigating Statement of Purpose under Section 23 demands precision. Judicial precedents from Telangana, A.P., and other states underscore statutory compliance over writ shortcuts. By understanding these nuances, society members can pursue legitimate grievances effectively while avoiding procedural pitfalls.
For specific cases, review full judgments and consult counsel. Stay informed on state-specific amendments to the Societies Registration Act.
References: Insights drawn from cases including M. Sanjay Kumar VS Shanta Educational Society - 2024 Supreme(Telangana) 513, K.S. Gopal vs State of Telangana - 2025 Supreme(Online)(TEL) 850, Kasturidevi Vidyalayam Committee, Rep. , by Secretary & Correspondent VS State of Andhra Pradesh - 2021 Supreme(AP) 1009, S. A. Surabhi Prasad, HYD VS R. Kodanda Rao, Hyd Six - 2021 Supreme(Telangana) 306, President, Sri Vasavi Kanyaka Parameswari Arya Vyshya Nithyanna Sathra Sangham, Yadagirigutta Village VS Yelakanti Balesh - 2023 Supreme(Telangana) 276, Satya Prakash Ravidas vs Alakh Niranjan Prasad Singhna - 2026 Supreme(Del) 372, Raghavarao Polavarapu VS State of Andhra Pradesh - 2021 Supreme(AP) 1010, Kasturidevi Vidyalayam Committee, Rep. , by Secretary & Correspondent VS State of Andhra Pradesh - 2021 Supreme(AP) 1009, ASHA GUPTA & ORS. VS. KAVISH GUPTA & ORS. - 2025 Supreme(Online)(Del) 47762.
Search Results for "Section 23 Societies Act: Statement of Purpose Guide"
1982 0 Supreme(SC) 255 • India - Supreme Court
BAHARUL ISLAM, D. A. DESAI, O. CHHINNAPPA REDDY, V. D. TULZAPURKAR, Y. V. CHANDRACHUD
FOR PROTECTING RIGHTS OF MANY OLD INFIRM RETIRED PERSONS. ... ARTICLE FORBIDS CLASS LEGISLATION - TEST OF REASONABLE CLASSIFICATION - REGISTERED SOCIETY HAS LOCUS-STANDI TO MAINTAIN WRIT PETITION ... Petitioner No. 3 is a Society registered under the Societies Registration Act of 1860. ... The third petitioner is a society registered under the Societies Registration Act....
1986 0 Supreme(SC) 115 • India - Supreme Court
D.P.MADAN, A.P.SEN
For the purpose of Article 12 one must necessarily see through the corporate veil to ascertain whether behind that veil is the face ... 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. ... the Societies Registration Act. ... It may be....
1992 0 Supreme(SC) 581 • India - Supreme Court
K.JAYACHANDRA REDDY, S.R.PANDIAN
of the investigation – Court are constrained to set aside statement, holding opinion of Justice Chawla in this regard has no legal ... and made the statement is unwarranted and uncalled for – Court feel that any further deliberation on this matter may affect the ... of such powers - quash later part of the impugned order taking suo motu cognizance under Ss. 397, 401 read with S. 482 of the Code ... under#....
2003 6 Supreme 303 • India - Supreme Court
S. N. VARIAVA, K. G. BALAKRISHNAN, ARIJIT PASAYAT, S. B. SINHA
The prescription of percentage has to be done by the Government according to local needs. ... Merit for any purpose and in particular for the purpose of admission in a professional college should be judged as far as possible ... For this purpose the application should not be filed later than April of the preceding year #HL_ST....
1966 0 Supreme(SC) 147 • India - Supreme Court
A. K. SARKAR, R. S. BACHAWAT, M. HIDAYATULLAH, J. M. SHELAT, J. R. MUDHOLKAR
UNDER SECTION 237 TO COMPANY LAW BOARD— CAN BE EXERCISED BY CHAIRMAN ON BEHALF OF THE BOARD -CONDITION PRECEDENT FOR GOVERNMENT ... TO FORM THE REQUIRED OPINION - APPLICATION OF MIND BY THE AUTHORITY—MATERIALS BEFORE IT - POWERS UNDER SECTION 237 DELEGATED BY CENTRAL ... Power conferred on Central Government to be exercised in a reasonable manner.- CONDITION PRECEDENT FOR GOVERNMENT TO#H....
2002 0 Supreme(Guj) 352 • India - Gujarat
B.C.PATEL, RAVI R.TRIPATHI
Gujarat Co-Operative Societies Act, 1961 - Urban Land (Ceiling and Regulation) Act, 1976 – Section 20- Judgment ... - Granting the time, also issued notice to the Chairmen and Secretaries of the three Societies - Public advertisement allottees ... letters - Irregularities and illegalities in connection with allotment of land - Co-Operative Housing Society - Public Interest ... 20 of#HL_E....
1995 0 Supreme(Del) 974 • India - Delhi
VUENDER JAIN, K.K.JAIN, VIJENDER JAIN
{'KEYWORD': 'ARBITRATION', 'SUBJECT': 'Appointment of Arbitrator', 'ACT SECTION LIST': ['Arbitration Act, Section 20'], 'SUMMARY ... Finding of the Court: The court held that the application under Section 20 of the Arbitration Act was not barred by ... ': "The court held that the application under Section 20 of the Arbitration Act was not barre....
2021 0 Supreme(Mad) 495 • India - Madras
S.M.SUBRAMANIAM
RERA Act - Interpretation of Section 3(2)(b) - Summary of Acts and Sections: Section 3(2)(b), Section 2(q), Section 2(n), Section ... was improper and not in consonance with the RERA Act. ... 2(z), Section 2(zb), Section 2(t), Section 2(w), Section 11(4) - The court discussed the interpretation of#H....
2021 0 Supreme(MP) 364 • India - Madhya Pradesh
MOHAMMAD RAFIQ, SANJAY DWIVEDI
of bail by Special Court -- offences under both Atrocities Act and POCSO Act -- trial shall be conducted by Special Court constituted ... by Special Courts constituted under POCSO Act. ... (Prevention of Atrocities) Act, 1989 -- S. 14 -- jurisdiction -- case under provisions of both Acts -- trial shall be conducted ... effect over any other law, the cases shall be decided with reference ....
2023 0 Supreme(MP) 281 • India - Madhya Pradesh
SUJOY PAUL, ACHAL KUMAR PALIWAL
etc. not recovered either at his instance or from him -- Court below committed error of law in treating entire memorandum statement ... of the circumstances appearing in evidence against him -- this section is in fact codification of principles of natural justice ... in statutory shape -- basic purpose is to provide fair trial to accused and #H....
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. ... Section 23 of Telangana Societies Registration Act, 2001 is extracted below for ease of reference:-“23. Dispute regarding management. ... Learned counsel for the respondent No.4 further submits t....
2025 Supreme(Online)(Del) 47762 • India - IN THE HIGH COURT OF DELHI AT NEW DELHI
Societies Registration Act, 1940. ... The exposition propounded by the Supreme Court was confined to delineating the jurisdictional scheme under Section 13 of Act, in contrast with the broader expressions employed in Section 23 of the Andhra Pradesh Societies Registration Act, 2001 and Section 11 of the Andhra Pradesh (Telangana Area) Public ... The proceedings in the said case had been initiated ....
2025 0 Supreme(Bom) 255 • India - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SANDEEP V. MARNE, J
Minimum 90% promoters should sign against their names in all the 4 copies of the Statement “A”. According to Respondents, this Circular is issued by the State Government under Section 4 of the Cooperative Societies Act. ... (1) of Section 6 of the Maharashtra Co-operative Societies Act, 1960 (MCS Act), who need to sign an application for registration of a cooperative society? ... Section 7 of the ....
2023 0 Supreme(Telangana) 276 • India - Telangana
P. MADHAVI DEVI
(2) the District Court under whose jurisdiction the society is functioning, before which an application may be filed. Section 23 of the Telangana Societies Registration Act, 2001 (Act 35 of 2001) is extracted as under:“23. ... He submitted that the District Court has jurisdiction to try the petitions both under Section 6 of the Societies Registration Act, 1860 and also under #HL_....
2021 0 Supreme(AP) 1009 • India - Andhra Pradesh
D.V.S.S.SOMAYAJULU
It deals with the registration of the societies. Section 4 deals with the documents required to be filed for the registration of the society. ... Societies Registration Act, 2001 (Act, 35 of 2001) (for short ‘the Act’). ... It is his contention that this is a special Act, which provides for the consolidation/amendment of the law relating to the Registration of Societies....
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