RAJASTHAN ASSOCIATION (REGD ), FARIDABAD Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner Association is a registered Society registered with the Registrar of Societies Haryana on 23.07.1980 under the provisions of the Societies Registration Act, 1860. Since its inception, the petitioner society had different kinds of members, such as Patron, Associate, Life and Honorary members, and as on date, there continue to be 54 patron members and 624 total members, including Patron, Associate, Life and Honorary members. As per clause 14 of the Memorandum of Association of the petitioner society, voting rights of all types of members will be considered according to the weightage to their membership fee. It has been provided that the patron members shall have voting rights equal to 40 members, associate members shall have voting rights equal to 10 members and life members shall have voting rights as 1 member. In the year 2012, Haryana legislature had enacted the Haryana Registration and Regulation of Societies Act, 2012 (hereinafter referred to as 'the Act of 2012'). This Act came into force with effect from 28.03.2012. As per sub-section (1) of Section 92 of the Act of 2012, the Societies Registration Act, 1860, has been repealed. Sub-section (2) provides as under :

(2.) Clause 14 of the Memorandum of Association of the petitioner society goes contrary to the provisions of the Act of 2012, as under the Act of 2012, weightage of voting rights of different types of members is not permissible. Therefore, as per the aforesaid proviso, the petitioner society was required to amend its Memorandum of Association within a period of two years from the commencement of the Act of 2012, but when they did not comply with the said requirement and hold the election of the Governing Body contrary to the provisions of the Act of 2012, Registrar of Firms and Societies, Haryana, wrote various letters to the petitioner society asking it to amend its Memorandum and Bye-laws in conformity with the provisions of the Act of 2012, whereafter the petitioner society filed the instant petition challenging the proviso (i) to Section 92 (3) of the Act of 2012, being violative of the spirit of Section 92 (Repeal and Savings).

(3.) It has been contended that the said provision is contrary to the spirit of Section 92 of the Act of 2012, which provides for repealing of the Societies Registration Act, 1860. Learned counsel contends that proviso (i) to Section 92 of the Act of 2012 has curtailed rights of the members under the old registered bye laws, which have been in existence prior to the commencement of the Act of 2012, despite the presence of saving clause.