Kodakkat Educational and Cultural Centre (A Society registered under the Societies Registration Act XXI of 1860) v. District Registrar, Registration Department, Kasaragod District

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE T.R.RAVI** **WEDNESDAY, THE 11[TH] DAY OF AUGUST 2021 / 20TH SRAVANA, 1943 WP(C) NO. 11097 OF 2021** ## **PETITIONER:** **THE KODAKKAT EDUCATIONAL AND CULTURAL CENTRE (A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT XXI OF 1860 VIDE CERTIFICATE OF REGISTRATION NO. SL. NO. 121 OF 1975), P.O. KODAKKAT, KANNUR DISTRICT REPRESENTED BY THE SECRETARY, P.RAMACHANDRAN ADIYODI, S/O. PADMAVATHY AMMA, AGED 55 YEARS, RESIDING AT PADINHATTATH HOUSE, ANIKADI, KODAKKAD P.O, HOSDURG VILLAGE, KASARAGOD DISTRICT.** **BY ADV V.N.RAMESAN NAMBISAN** ## **RESPONDENT:** **THE DISTRICT REGISTRAR, REGISTRATION DEPARTMENT, DISTRICT REGISTRAR OFFICE, VIDYA NAGAR P.O, KASARAGOD DISTRICT, PIN-671 123** **BY ADV.SMT.RASHMI K.M., GOVERNMENT PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 2.08.2021, THE COURT ON 11.08.2021 DELIVERED THE FOLLOWING:** W.P.(C)No.11097 of 2021 :-2-: Dated this the 11[th] day of August, 2021 ## **J U D G M E N T** The petitioner, a Society registered under the Societies Registration Act, 1860, has approached this Court praying for a writ of certiorari quashing Ext.P7 and for a declaration that the respondent has exceeded his powers under Section 4 of the Societies Registration Act, 1860, while issuing Ext.P7 order and for other consequential reliefs. 2. Heard Sri.V.N.Ramesan Nambisan, on behalf of the petitioner and Smt.Rashmi K.M., the Government Pleader on behalf of the respondent. 3. The petitioner Society was formed with the main objectives of affording a common platform for the intellectuals for their educational and social development for starting a High School and to raise the above institution into a College level and with allied objectives. The Society has two kinds of members, viz., life and ordinary. The Board of Directors of the Society is to be comprised of 11 members elected by the members and from among the elected members, the President, Vice President, Secretary, Joint Secretary ## W.P.(C)No.11097 of 2021 :-3-: and Treasurer are elected. The term of the elected members is to be for a period of three years. Ext.P1 was the Rules and Regulations of the Society at the time of its formation. Later, the General Body amended the Rules and Regulations and Ext.P2 is the amended Regulation dated 12.3.2020. As per the amendment, the fee for ordinary membership is enhanced to Rs.2,000/- and life membership is enhanced to Rs.10,000/-. It is also provided that for being eligible to attend the General Body Meeting, the members have to effect payment of the differential amount towards the fee. 4. It is stated in the writ petition that the Society has 204 members. The General Body Meeting was convened on 30.4.2020 in the virtual mode since it was not possible to convene the meeting in the physical mode owing to COVID-19 Pandemic. At the meeting, the new Board of Directors were elected and the details of the persons elected were submitted before the respondent by the Secretary of the Society on 30.4.2020. On 2.11.2020, the respondent wrote to the petitioner directing them to convene a General Body Meeting physically after the Pandemic situation is over and elect the Directors of the Board for the year 2020-2021. It is stated that on the basis of W.P.(C)No.11097 of 2021 :-4-: the above letter, a General Body Meeting was convened on 1.4.2021 including the election of members of Board of Directors of the year 2021-2024 as one of the items in the agenda. It is further stated that out of 75 eligible members, 68 members participated in the General Body Meeting and unanimously elected the Board of Directors for the year 2021-2024. The above facts are evidenced by Exts.P3 to P6. Exts.P5 and P6 letters containing a list of members for the Board of Directors for the year 2020-2021 and 2021-2022, sent to the respondent, were returned stating that two complaints have been received from one Kunhikannan and T.V.Raghavan and that Raghavan has filed a criminal complaint before the JFCM CourtHosdurg as complaint No.7/2019. The respondent has ordered that the list of office bearers of the General Body Meeting cannot be accepted till a 'decree' is pronounced by the court. Ext.P7 is the above letter which is the subject matter of challenge before this Court. 5. The power of the Registrar under Section 4 of the Societies Registration Act, 1860, is no longer _res integra_ . A Division Bench of this Court in the decision in **C.M.Z.Musliar v. Aboobacker** reported in **1998(1) KLT 136** , has held that the Registrar, in case of a W.P.(C)No.11097 of 2021 :-5-: dispute when more than one return is filed, has got the power to find out as to which one he should accept. This Court held that the enquiry need not be elaborate and the party aggrieved has to approach the competent civil court. The learned Single Judge in **Narayanan K.K. and others v. District Registrar, Kasaragod and others** reported in **2015(4) KLT 1028** , after referring to the Division Bench decision in **C.M.Z.Musliar (supra)** , held that once a list is placed before the Registrar pursuant to an election, the Registrar has to accept the list so long as the Registrar does not have an opinion that the election was a fraud or a farce one, in order to furnish a list. It was also held that any party who has grievance against the election, has to approach the civil court for redressal of the grievance. The above said case is also one in which the Registrar refused to accept the list on the basis of objections received. This Court held that the Registrar had exceeded in exercise of his power. The judgment of the Division Bench in **C.M.Z.Musliar (supra)** had been challenged before the Honourable Supreme Court and the Honourable Supreme Court in the judgment in **A.P.Aboobaker Musaliar v. Distt.Registrar (G), Kozhikode and others** reported in **2004(11) SCC 247** , affirmed the W.P.(C)No.11097 of 2021 :-6-: judgment of the Division Bench. In the case on hand, there is only one list presented before the Registrar. As such, it is not a case of any disputed list. In the light of the above said judgments, the action of the respondent in rejecting the list of office bearers submitted by the petitioner cannot be sustained in law. Ext.P7 is hence quashed. The respondent is directed to accept the list submitted by the petitioner. The prayer regarding declaration of the Manager is left open since the DEO is not a party to these proceedings. After the list is accepted by the respondent, the petitioner may move the DEO for appropriate orders. The writ petition is allowed in part as above. All pending interlocutory applications are closed. Sd/- **T.R.RAVI, JUDGE** ami/ W.P.(C)No.11097 of 2021 :-7-: ## **APPENDIX OF WP(C) 11097/2021** **PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE RULES AND REGULATIONS OF THE PETITIONER 'CENTRE' DATED 1.7.1975. EXHIBIT P2 TRUE COPY OF THE AMENDED RULES AND REGULATIONS OF THE PETITIONER 'CENTRE' DATED 12.3.2020.** **EXHIBIT P3 TRUE COPY OF THE MINUTES OF THE GENERAL BODY DATED 1.4.2021 OF THE PETITIONER SOCIETY.** **EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE MEETING DATED 1.4.2021 OF THE BOARD OF DIRECTORS OF THE 'CENTRE'.** **EXHIBIT P5 TRUE COPY OF THE LETTER ALONG WITH THE LIST FOR THE YEAR 2020-21 DATED 3.4.2021. EXHIBIT P6 TRUE COPY OF THE LETTER ALONG WITH THE LIST FOR THE YEAR 2021-22 DATED 3.4.2021. EXHIBIT P7 TRUE COPY OF THE LETTER NO. G3-1624/2020 DATED 21.4.2021 OF THE RESPONDENT. EXHIBIT P8 TRUE COPY OF THE MINUTES OF THE BOARD OF DIRECTORS DATED 1.4.2021 BY WHICH ELECTED THE MANAGER. EXHIBIT P9 TRUE COPY OF THE LETTER DATED 3.4.2021 OF THE PETITIONER ADDRESSED TO THE D.E.O, KANHANGAD. EXHIBIT P10 TRUE COPY OF THE LETTER NO.G3/1624/2020 DATED 2.11.2020 ISSUED BY THE RESPONDENT EXHIBIT P11 TRUE COPY OF THE LETTER DATED 25.1.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT, DISTRICT REGISTRAR.** ## W.P.(C)No.11097 of 2021 :-8-: **EXHIBIT P12 TRUE COPY OF THE PROPOSED AMENDMENT DATED 6.1.2020** **EXHIBIT P13** **TRUE COPY OF THE COMMUNICATION NO.N DIS G3 541/2020 RECEIVED FROM THE RESPONDENT** **EXHIBIT P14 TRUE COPY OF THE LETTER DATED 2.3.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT, DISTRICT REGISTRAR** - **EXHIBIT P15 TRUE COPY OF THE ORDER NO.G3-2681/19, KASARAGOD DATED 26.9.2019 ISSUED BY THE RESPONDENT DISTRICT REGISTRAR** **EXHIBIT P16** **TRUE COPY OF THE NOTICE NO.G3/1624/20 DATED 28.9.2020 ISSUED BY THE RESPONDENT, DISTRICT REGISTRAR** **EXHIBIT P17 TRUE COPY OF THE LETTER DATED 22.9.2020 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT, DISTRICT REGISTRAR** **RESPONDENT'S EXTS.:** **EXHIBIT R1(a) TRUE COPY OF ORDER NO.G3/1624/2020 DATED 2.11.2020**