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TMI Blog2018 (1) TMI 1546X X X X Extracts X X X X X X X X Extracts X X X X ..... his Court is not inclined to examine the question whether the certificate for registration of the amendments in the Rules and Regulations was obtained from the Registrar by playing a fraud and thus could be revoked. This is so because no such reason has been referred to by the Registrar for passing the impugned order; the impugned order has not been passed on the basis that any fraud had been perpetuated on the Registrar - It is apparent that in this case the Registrar has not proceeded on the basis that it had been defrauded into granting approval/certificate. On the contrary, the Registrar has proceeded on the basis that there were certain irregularities in approving/certifying the amendments . Undisputedly, the same cannot be construed as a finding of fraud. The respondent no 3 has already instituted a suit challenging the amendments made to the petitioner‟s Rules and Regulations and the issues raised before the Registrar can be examined in those proceedings - petition allowed. - W.P. (C) 2029/2016 and CM Nos. 8748/2016, 21328/2016 and CRL. M.A. Nos. 5911/2017 & 6253/2017 - - - Dated:- 3-1-2018 - Mr. Vibhu Bakhru, J. For the Petitioner: Mr Abhinav Vas ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trar on 22.09.2003, 18.05.2004 and 16.03.2007 respectively. 3.4 Respondent no.3 - who was earlier a member of the petitioner society - filed a complaint before the Registrar, inter alia, claiming that due notices of the meetings claimed to have been held, for approval of amendments to the Rules and Regulations had not been served to the concerned members and, therefore, the alleged resolutions passed in those meetings could not be given effect to. 3.5 Respondent no.3 also filed a suit - being Suit No. 257/2015 - before the Court of Senior Civil Judge. Apart from impugning his expulsion from the petitioner society, respondent no. 3 also claimed that the provisions of Section 12 and 12-A of the Act had been violated. He claimed that due procedure for amending the Rules and Regulations of the Society had not been followed. It is relevant to state that the Registrar was arrayed as defendant no.2 in the said suit. 3.6 In his plaint, respondent no.3 (plaintiff therein) mentioned that he had filed complaints before the Registrar and made a grievance of the same not being considered. The reliefs claimed by respondent no. 3 in the aforementioned suit are set out b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng of the meetings, where the resolutions for amending the Rules and Regulations of the Society are stated to have been passed. 3.9 Respondent no.3 also filed an application under Order XXXIX Rule 1 and 2 Code of Civil Procedure for the stay of termination of his membership of the petitioner‟s society. He become a life member of the petitioner society in the year 1995 and had decided to contest the elections for being elected as a member of the Managing Committee of the petitioner Society in 2012. It is the petitioner‟s case that it is at the time (that is, at the time of standing for elections in 2012) that he had discovered that certain amendments had been carried out in the Rules and Regulations of the petitioner society and consequently filed complaints before the Registrar and thereafter filed the suit. The interim relief sought for by respondent no.3 was declined by an order dated 19.09.2015. In the said order, the Civil Judge noted that the petitioner had contested the elections for being elected as a member of the Managing Committee under the amended Rules and Regulations, which were sought to be challenged in the suit. 3.10 Respondent no.3 als ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Registrar shall be paid the specified fee for every such registration. 5. Section 12 of the Act enables the societies to alter, extend or abridge the purpose for which it is formed. Section 12 of the Act, as in force in Delhi reads as under:- 12.Societies enabled to alter, extend or abridge their purposes.-- Whenever it shall appear to the governing body of any society registered under this Act, which has been established for any particular purpose or purposes, that it is advisable to alter, extend, or abridge such purpose to or for other purposes within the meaning of this Act, or to amalgamate such society either wholly or partially with any other society, such governing body may submit the proposition to the members of the society in a written or printed report, and may convene a special meeting for the consideration thereof according to the regulations of the society; but no such proposition shall be carried into effect unless such report shall have been delivered or sent by post to every member of the society ten days previous to the special meeting convened by the governing body for the consideration thereof, nor unless such proposition shall have been ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ithstanding anything contained in this Act, on an application made by the society in this behalf and on payment of a fee provided for in sub-section (3) of section 12A, register the change of such name and issue a certificate to the society under sub-section (2) of the said section 12A. On the issue of such certificate the change shall be deemed to be complete from the date on which such change was recorded by the Registrar, notwithstanding the fact that the society had not followed the procedure prescribed in sections 12 and 12A. 7. It is apparent from the plain reading of the sections12, 12A, 12B and 12C of the Act read with section 3 of the Act that the Registrar does not have any power to adjudicate any issues with regard to the amendment of any purpose or object of the society. However, in terms of Section 12A of the Act, the Registrar has the power to review registration of the change in name of a society if in its opinion the same resembles or is identical to the name of any existing society. 8. At this stage it is also relevant to mention that a Division Bench of this Court in Dushyant Sharma v. Haryana Wrestling Association Ors: LPA No. 18/2012, decide ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... persuaded to accept this contention. Section 21 of the General Clauses Act, 1897 reads as under: 21. Power to issue, to include power to add to amend, vary or rescind, notification, orders, rules or bye-laws. Where by any central Act or regulation, a power to issue notifications, orders, rules or bye-laws is conferred then that power includes a power exercisable in the like manner and subject to the like sanction, and conditions (if any), to add, to amend, vary or rescind any notification, orders, rules or bye-laws so issued. 13. A coordinate Bench of this Court in Brij Mohan Gupta v. Registrar of Societies : (2012) 189 DLT 577 had repelled the contention that Section 21 of the General Clauses Act, 1897 could be invoked by the Registrar of Societies to cancel the registration of the society. The Relevant extract of the said decision reads as under:- I am, therefore, of the view that section 21 of the General Clauses Act could not have been invoked in the facts of the present case by the Registrar to cancel the registration of the society. The inter se disputes between the petitioner and respondent nos. 2 to 6 with regard to management and con ..... X X X X Extracts X X X X X X X X Extracts X X X X
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