ROS has also gone into disputes with regard to registration of members and the list of voters of the petitioner society. This aspect was also clearly beyond his jurisdiction. A dispute with regard to the membership, and the right of a particular member to vote at the elections is a dispute which arises between a society and its members. Such a dispute cannot be resolved by the Registrar. This is clearly beyond his jurisdiction.
HIGH COURT OF DELHI
Date of Decision: 12.04.2012
W.P.(C) 3260/2010
SUPREME COURT BAR ASSOCIATION (REGD.)
Versus
THE REGISTRAR OF SOCIETIES & ORS.
ORDER
1. The petitioner, Supreme Court Bar Association (SCBA), a registered society under the Societies Registration Act has preferred this writ petition under Article 226 of the Constitution of India to assail the order dated 30.04.2010 passed by the Registrar of Societies (ROS). By this order, the ROS suspended the registration of the petitioner’s society w.e.f. 19.01.2010 till further orders. He further directed that the petitioner society may apply, upto 31.07.2010, for restoration of its registration, after a validly elected governing body takes over the management of its affairs, as per the SCBA Rules and the requirements of the Societies Registration Act (for short „the Act‟). He also directed that the election process should be held as per the list of voters existing prior to 19.01.2010. It has further been ordered that if the elections are held on the basis of any voter list/rules altered after 19.01.2010, such elections would not be considered valid for restoration of the registration. The Office Administrator i.e. the Head of the permanent staff of the petitioner society has been directed to take necessary steps and have the General Body meeting convened in terms of Section 4 of the Act and the Rules before the closure of the Supreme Court for summer vacations so as to afford adequate opportunity to all the members. The Office Administrator has been advised to take further action as per the guidance and directions of the General Body.
