NIRMALA KALE Vs. DISTRICT REGISTRAR OF SOCIETIES

JUDGEMENT

(1.) Writ Petition No.7639 of 2004 is filed to issue a writ of mandamus, seeking the following reliefs: (1) To declare Bye-law No.3 relating to membership i.e., Article 3 of Articles of Association of the 4th respondent society as illegal and contrary to the provisions of the Andhra Pradesh Societies Registration Act, 2001 (for short the Act, 2001); (2) To direct the Registrar of Societies to direct 4th respondent society to amend its Bye-law No.3 (Article 3) relating to membership, so as to bring it in conformity with the Act, 2001 by incorporating the eligibility criteria and scrutinize the membership applications of the petitioners with reference to such criteria and to admit them as members; (3) To declare the action of the Respondents 1 to 3 in not exercising their jurisdiction vested in and directing the petitioners to approach other authorities under Section 23 of the Act, 2001 as illegal and to set-aside the latter dated 3-4-2004 issued by the Registrar of Societies (3rd respondent) as illegal; (4) To direct the State of Andhra Pradesh (5th respondent to invoke its powers under Section 31 of the Act, 2001 and to direct the 4th respondent society to bring its bye-laws more particularly Bye-iaw No.3 relating to membership in conformity with the Act, 2001 Writ Petition No.24352 of 2004 is filed to issue a writ of mandamus, directing the respondents not to recognize any other person other than Brother K.Hebakkuk as permanent Principal Trustee of the second respondent Society.

(2.) Admittedly, none of the petitioners in both the writ petitions are the members of the said society. The petitioners in WP No.7639 of 2004 are seeking admission as members of the society. The petitioners in WP No.24352 of 2004 are also not members of the said society, but they stated that the original founder and managing trustee Brother Bakth Singh became sick and subsequently passed away in September, 2000 and the said Bakth Singh entrusted the management of the society to Brother K.N.Agustine and he too became sick and he gave authorization letter to Brother K.Hebakkuk on 22-4-1999, who is the senior most member of God Servant of Hebron Church. Therefore, said Hebakkuk was acting as a principal Trustee of the said society since 22-4-1999 and became permanent principal trustee after the death of Brother Bakth Singh on 17-9-2000. Therefore, Brother Hebbakkuk alone has to be recognized as the principal trustee of the said society and no other person can be recognized as a principal trustee.

(3.) It is the case of the petitioners in WP No.7639 of 2004 that they are the believers of Lord Jesus Christ. The second petitioner is the son of the first petitioner. The 4th respondent society was registered as a public society on 22-2-1971 under the provisions of The Andhra Pradesh (Telangana Area) Public Societies Registration Act, 1350 Fasli (for short the Act, 1350 F), bearing Registration No.114/1971. By Section 32(1) of the Act, 2001, the Act, 1350 F., was repealed, but the action taken under the Act, 1350 F., is however saved by Section 32(2) of the Act, 2001. The 4th respondent society was registered in 1971 for the purpose of reorganizing the movement of the indigenous churches in India, and with a view to regulate and supervise the churches, a central organization was required. The society was registered for availing the benefits which are available to a registered society like entitlement to acquire, hold and dispose of property, to enter into contracts, no personal liability, opening of bank accounts, income tax benefits etc. The said indigenous church movement had gained further momentum and thousands of indigenous churches existing in India and at various countries connected with and under the control, supervision and purview of the 4th respondent society.