TMI Blog2006 (9) TMI 610X X X X Extracts X X X X X X X X Extracts X X X X ..... saged under Section 37 thereof. Section 38 provides for cancellation of registration of society carrying on unlawful activities. The effect of cancellation of registration is laid down in Section 39. Section 40 provides for winding up of registered society. In case a society becomes defunct, its name can be removed from the Register maintained by the Registrar upon following the procedures laid down therein. Orders passed by the Registrar directing cancellation of registration are appealable under Section 45 thereof. Section 53 of the Act raises a legal fiction that every society registered under the Societies Registration Act, 1860, inter alia, shall be deemed to be registered under the Act and the bye- laws of such society shall, in so far as they are not inconsistent with any provision of the Act, continue in force until altered or rescinded. Allegedly, regular elections were not held. Some mis-management had also allegedly taken place. A suit came to be filed by one Rev. M.S. Poomani Raj in the High Court of Judicature at Madras against the Church, Rev. J. Issac Moon, C. Deniel Rajagamberam and Rev. U. Jacob praying, inter alia, for the following reliefs : a) For a decla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... directed to apply for fresh registration. Directions were passed by the High Court from time to time. However, by an order dated 22.12.2004, the learned Court proceeded on the basis that all the elected members were parties before it stating : A reading of the report dated 22.12.2004 clearly shows that the list of voters, members of the IELC Apex Body and the synods were not duly registered with the Registrar of Societies and in which event the very conduct of the election as well as the result thereon become a nullity and lack legal sanctity for want of compliance of the registration of the constitutional bye laws of the Societies with the Registrar of Societies. On the aforementioned premise it was directed : As brought to our notice by the election officer, all the parties, who participated in the election and appeared before us, are equally responsible for the above lapse. Therefore finding it an absolute necessity to regulate the registration of the respective bodies in accordance with the provisions of the Act and also the entire affairs administration and management of the society in question, an interim arrangement pending such regularization strictly in accorda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d Nagercoil Synod has already expired and that of Ambur Synod would expire in December, 2006 and that of the Church Council on 7.6.2007, this Court should not interfere with the impugned judgment and may direct holding of elections under the supervision of the Administrators; ii) Some of the elected members of the Council having been represented before the High Court and consented to the impugned orders, the appellants herein should not be permitted to take a different stand. The constitution of the Church is not in dispute. The Church Council consists of President and 15 members. It has 3 Synods. 7 members from each Synod are represented in the Church Council. The Church Council, thus, consists of 36 members. Only 17 of them were before the High Court. We have noticed hereinbefore the reliefs sought for in the suit. It is true that elections were being held under the supervision of an Advocate Commissioner for sometime past. We will also assume that there had been some mismanagement of the Church of the properties on the part of the elected representatives. We may also proceed on a further assumption that the provisions of the 1975 Act had also not been complied with. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the 1975 Act or the Rules framed thereunder. In the event, the society became defunct or other statutory requirements were not complied with by the members of the society, penal measures could have been taken but in no situation the election of the office bearers could have been set aside. Right to contest an election of an office-bearer of the society is a statutory right of the member thereof. Such a right also exists under the bye-laws of the society. It is not the case of the respondents that the bye- laws of the society are invalid in law. Once a valid election was held, the High Court, in our opinion, could not have directed setting aside of an election only on the purported ground that it became defunct. An almost similar question came up before this Court in Board of Control for Cricket in India Anr. vs. Netaji Cricket Club Ors. [(2005) 4 SCC 741], wherein this Court, despite its jurisdiction under Article 142 of the Constitution of India, did not venture to consider the validity or otherwise of the election of the office-bearers of BCCI as they had not been impleaded as parties therein, stating : On 11-10-2004, we had, after hearing the counsel for the parties, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ld be infringed, have not been clearly stated. Such a question cannot be permitted to be raised for the first time before this Court in absence of foundational facts. The Church, indisputably, carries on secular activities also. Keeping in view the interest of the general public, we see no reason as to why in a case of mismanagement of such charitable organizations, although run by minorities, the Court cannot oversee its functions. The Courts, indisputably, act as guardian of such societies. [See Guruvayoor Devaswom Managing Committee Anr. vs. C.K. Rajan Ors. (2003) 7 SCC 546.] Even otherwise, rights under Articles 25 and 26 of the Constitution are not absolute and unfettered. The right to manage, it goes without saying, does not carry with it a right to mismanage. Before us, a report of the learned Administrator had been placed. It now appears that the learned Administrators had succeeded in obtaining exemption from the operation of the 1975 Act, subject to certain conditions. The effect of an order passed by a statutory authority under the 1975 Act, therefore, in our opinion, unless any other order or orders are passed in future by a competent court of law should be gi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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