YUNUS Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) In this application the petitioner prays for quashing of the certificate of registration issued to the society known as Anjuman Ahle Hadith, Madhupur (the 'Anjuman') under Section 3 of the Societies Registration Act, 1860 (hereinafter referred to as the 'Act'). The signatories to the memorandum of association a copy whereof is Annexure 4, have been made parties. Certain other reliefs also are claimed. But those reliefs which relate to private dispute between the parties, can neither be adjudicated upon nor any relief given in relation thereto. We are, therefore, confining our judgment to the contention whether the registration of the society aforesaid was in accordance with law.

(2.) The Society was registered in the year 1967. There is no doubt that there is a belated challenge to the registration. But the circumstance in which the challenge has been made has been explained in para 15 of the writ application. In view of the explanation given therein and in the view that we are taking that the registration of the society was without jurisdiction we think that it would be proper to entertain the writ application and not defeat the petitioner only on the ground of delay.

(3.) It is now necessary to refer first to some of the provisions of the Act. The long title is : "An Act for the Registration of Literary, Scientific and Charitable Societies". The preamble states that provision should be made for improving the legal condition of societies established for the promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, the diffusion of political education, or for charitable purposes. Section 1 of the Act states that: