SUPREME COURT BAR ASSOCIATION Vs. REGISTRAR OF SOCIETIES

JUDGEMENT

(1.) (Oral) 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 petitioners 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.

(2.) THE background in which this order has been come to be passed may firstly be stated. THE validly elected Executive Committee of the SCBA held its meeting on 19.01.2010. Apart from the President, the Vice President and the Honorary Secretary, various other office bearers and members were present, in all numbering 17. In this meeting, the Executive Committee passed a unanimous resolution dissolving itself with effect from the date of the said resolution. It was also resolved that an Interim Board be constituted of three eminent senior advocates of the Supreme Court, namely, Sh. K.K.Venugopal, Shri P.P.Rao, Sh. P.S.Parekh, to take care of the administration in place of the Executive Committee. THE Executive Committee further resolved that the elections of the petitioner society be held as early as possible, preferably in March, 2010. Following the said resolution passed by the Executive Committee, according to the petitioner, the said resolution was placed before the General Body and a ballot was held on 25.01.2010. In that process, 672 votes were issued. 606 votes were cast in favour of the resolution, whereas 52 votes were cast against the resolution. 7 votes were invalid, 7 ballots were not polled and, therefore, the number of available ballots was 665. According to the petitioner, the said resolution passed by the Executive Committee was overwhelmingly approved by the General Body.

(3.) IT was also stated that the Registrar had not received any reply to the show cause notice dated 22.02.2010. The Registrar also made reference to Section 4 of the Societies Registration Act that every registered society under the Act is obliged to submit the list of Governing Body annually. He also observed that without such compliance the society cannot exist under the provisions of the Act. Once again the petitioner was called upon to show cause as to why it should not be dissolved.