C M S EVANGELICAL SUVI DAVID MEMORIAL HIGHER SECONDARY SCHOOL COMMITTEE KARISAL THROUGH ITS SECRETARY SRI S DAVID STEPHEN AMBASAMUDRAM TALUK TIRUNELVELI DISTRICT Vs. DISTRICT REGISTRAR CHERANMAHADEVI TIRUNELVELI DISTRICT

JUDGEMENT

(1.) THIS reference arises in the following circumstances.

(2.) A Division Bench in the judgment reported in K.Airivananthapandian v. Nadar Mahajana Sangam K.Airivananthapandian v. Nadar Mahajana Sangam K.Airivananthapandian v. Nadar Mahajana Sangam 1994 W.L.R.779 has held that the Registrar alone can register a society and it is before whom Form VII is submitted and any change in the membership or in the Committee should also be reported to him as per Sec. 15(2) read with Rule 17 in Form VII, it is necessary for the Registrar to be sure of the persons who are elected to the committee of each and every society which comes under his jurisdiction. The Division Bench has also held that wherever Form VII is filed and the correctness of it is challenged by one or other party being the members of the society/Sangam, he can enquire and find out as to whether who are elected to the Committee. On such enquiry, if the Registrar comes to the conclusion that Form VII filed is not correct and nobody has been elected, it will be open to him to give a direction to hold a fresh election, as Sub-sec. (9) of Sec.36 empowers him to give such direction under the circumstances of the case. The Division Bench has also held that such direction would be subject to the right of the parties to have the matter adjudicated by Court.

(3.) CHAPTER II of the Act deals with Constitution and Registration of society. In terms of Sec.3 of the Act, any society which has for its object the promotion of education, literature, science, religion, charity, social reform, art, crafts, cottage industries, athletics, cultural activities, the diffusion of useful knowledge or such other useful object may be registered under the Act. In terms of Sec.4 of the Act, every society formed on or after the date of the commencement of this Act, which has for its object any of the objects, mentioned in, or prescribed under Sec.3, which consists of not less than twenty members or whose annual gross income or expenditure in any financial year after the date of the commencement of this Act is not less than ten thousand rupees, shall be registered and the Registration is made compulsory. The Act also states that it applies in respect of the society which has for its object, the promotion of religion, atheletics or sports or any other object mentioned in of prescribed under Sec.3 to which the provisions of and Sec.4 are not applicable. Under Sec.5, even those societies which do not fall under Sec.4, may opt for registration, as there is no prohibition for registration. The object of Registration is to recognise the registered societies as legal entity.