I NELSON Vs. KALLAYAM PASTORATE

JUDGEMENT

(1.) Leave granted.

(2.) The Indian Evangelical Lutheran Church ('the Church', for short) has a large congregation consisting of several pastorates in the Church Council. It was registered under the Societies Registration Act, 1860 (for short, 'the 1860 Act'). It runs a large number of schools and hospitals.

(3.) The State of Tamil Nadu enacted 'Tamil Nadu Societies Registration Act, 1975' (for short, 'the 1975 Act'). Section 3 of the 1975 Act specifies the societies which may be registered thereunder, subject to the exceptions contained in Sub-Section (2) thereof. Section 4 provides for compulsory registration of such societies which are specified therein. The Act contemplated registration of such societies within such period as may be prescribed. Section 5 provides for optional registration. Section 36 provides for the power of Registrar to inquire into the affairs of the registered society. Cancellation of registration is envisaged under Section 37 thereof. Section 38 provides for cancellation of registration of society carrying on unlawful activities. The effect of cancellation of registration is laid down in Section 39. Section 40 provides for winding up of registered society. In case a society becomes defunct, its name can be removed from the Register maintained by the Registrar upon following the procedures laid down therein. Orders passed by the Registrar directing cancellation of registration are appealable under Section 45 thereof. Section 53 of the Act raises a legal fiction that every society registered under the Societies Registration Act, 1860, inter alia, shall be deemed to be registered under the Act and the bye- laws of such society shall, in so far as they are not inconsistent with any provision of the Act, continue in force until altered or rescinded. Allegedly, regular elections were not held. Some mis-management had also allegedly taken place.