CHURCH OF GOD Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) THE order dated 6.11.2003 passed by Commissioner and Secretary, Govt. of Meghalaya, ERTC Department under the provision of Section 11 of Meghalaya Societies Registration Act, 1983 (hereinafter referred as MSR Act, 1983) following an application made by Church of God Business Association, Assam and Meghalaya dated 13.6.2003 is the subject matter of challenge in this writ petition.

(2.) THE brief facts may be summarized as under : THE Church of God, Business Association of Assam and Meghalaya having its headquarters and offices at Shillong came into existence on 8.7.1907 registered under the Sub-Registrar at Shillong as a trust and the said association through public contribution acquired properties etc. and carried out the aims and objectives for which it was formed.

(3.) MR. K. Khan, learned counsel for the writ petitioner contended that the respondent No. 3, the Church of God, Business Association, Assam and Meghalaya was registered before the Sub-Registrar, Shillong as a trust while the petitioner's society was registered under the provisions of MSR Act, 1983 which admittedly bifurcated from due to some differences that arose amongst the members of the society (Church of God, Business Association, Assam and Meghalaya). An attempt was made by the respondent No. 3 for conversion of the name of the writ petitioner by filing an application before the Registrar of Societies, Meghalaya which after due consideration was rejected upholding that, the name of the Church of God Upliftment Society is not similar to the petitioner's society. Therefore, the impugned order passed by the Commissioner and Secretary is basically illegal and erroneous which cannot legally sustain. It was submitted by the learned counsel for the writ petitioner that the writ petitioner's society was registered per Articles of Association and its area defined within the State of Meghalaya. The functions and activities of the petitioner's association being not akin to the function and activities of Church of God, Business Association, Assam and Meghalaya, the objection raised by the respondent No. 3 in continuation of the name of the petitioner's society is apparently and legally not sustainable since its name is not identical and similar to the name "Church of God Upliftment Society". It was further argued by the learned counsel for the petitioner that since the Church of God, Business Association was registered under the provisions of trust Act before the Sub-Registrar, Shillong, it has got no locus standi to object in the continuation of the name of the petitioner's society which was admittedly registered under the MSR Act, 1893. Further no objection was ever raised by the "Church of God Upliftment Society" registered under the provision of the MSR Act, 1983 in the continuation of the petitioner's name. It was also argued by the counsel for the writ petitioner that there exists many churches in the name of Church of God in the Northeastern States as well as West Bengal, Orissa, Andaman Nicobar Island and Nepal which are functioning independently. The petitioner's society registered as "Administrative Body, Church of God, Khasi Jaintia" is also functioning as an independent body in the upliftment of the society and since there are existence of several churches carrying the name of "Church of God" there could be no reason whatsoever for any confusion or complication. The petitioner's society has no nexus whatsoever with the "Church of God, Business Association, Assam and Meghalaya", Shillong or with the "Church of God Upliftment Society, Shillong". Therefore, no occasion could be arosed on the part of the "Church of God, Business Association" to file objection in the registration and continuation of petitioner's association under the name and style "Administrative Body, Church of God, Khasi Jaintia."