STATE OF NAGALAND Vs. MERANG JAMIR

JUDGEMENT

(1.) Heard Mr. K. Sema, learned Senior Addl. Advocate General appearing for the appellant/State Government in W.A. No. 29(K)/2017. Also heard Mr. Taka Masa, learned senior counsel appearing for the appellant/Nagaland State Rifle Association, in W.A No.13(K)/2018. Mr. Imti Longjem appears for the respondent Nos. 1 and 2 in both the Writ Appeals. Respondent No.1 is the President of the Nagaland Rifle Association while respondent No.2 is the Nagaland Rifle Association.

(2.) The case of the appellants is that the Nagaland State Rifle Association (in short NSRA) was registered under the Societies Registration Act, 1860 under the Government of Nagaland in the year 2013. The respondent No.2, i.e., the Nagaland Rifle Association (in short NRA), registered itself under the Societies Registration Act, 1860, under the Government of Nagaland in the year 2015. The NSRA being aggrieved by the registration of the NRA submitted a Complaint dated 15.06.2016 to the Registrar of Societies, Kohima, requesting that the registration of the NRA should be cancelled in view of the fact that the registration of the NRA had been done by concealing/withholding facts during the time of registration. Further, as the NRA had a similar name with the NSRA and as the aims and objects of the NRA were identical to the aims and objects of NSRA, the registration of NRA should be cancelled, as the same was not permissible as per Section 3(2) of the Societies Registration (Nagaland Third Amendment) Act, 2009, hereinafter referred to as the 2009 Amendment Act.

(3.) In pursuance to the Complaint dated 15.6.2016 submitted by the NSRA, the Registrar of Societies, Nagaland, issued a show-cause Notice dated 05.07.2016 to the President of the NRA, asking him to show cause as to why the registration of NRA should not be cancelled, as the NRA had allegedly submitted wrong information while seeking registration, which was to the effect that the President of NRA did not disclose the fact that he was a member of the NSRA and the Kohima Rifle Club, which was also affiliated to the NSRA. Further, NRA had fraudulently inducted the Director General of Police, Nagaland as Ex-officio member in their Constitution, without the consent of the concerned DGP. Also the NRA was having a similar name, with similar aims and objects as the NSRA, which was not permissible under the Societies Registration Act, 1860 and the State Amendments.