IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 9TH DAY OF JUNE 2022 / 19TH JYAISHTA, 1944
WP(C) NO. 12947 OF 2022
PETITIONER/S:
SECRETARY, EVANGELICAL SOCIAL ACTION FORUM
(ESAF)
(REG.NO.TSR/TC/356/2013), ESAF CENTRE, MANNUTHY
P.O., THRISSUR, KERALA, PIN - 680 651.
BY ADV SHOBY K.FRANCIS
RESPONDENT/S:
1 THE DISTRICT REGISTRAR (GENERAL)
OFFICE OF THE DISTRICT REGISTRAR, CHEMBOOKKAVU
P.O., THRISSUR - 680 020.
2 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVT.
REGISTRATION DEPARTMENT, GOVT. SECRETARIAT,
THIRUVANANTHAPURAM- 695 001.
OTHER PRESENT:
GP RAJEEV JYOTHISH GEORGE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 09.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.12947 of 2022
-2-
JUDGMENT
Dated this the 09th day of June, 2022 The petitioner is a Society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 ('the Act' for short). As per Clause 19.7 of the byelaws of the Society, any amendment to the byelaw has to be placed before the General Body and approved by 3/5th majority, of the members present and voting. The decision should thereafter be placed before the Registrar of Societies for approval.
2. In the extraordinary general body of the society convened on 08.02.2022 and the decision was taken to amend the bye-laws by altering the name of the Society. The proposed amendment was forwarded to the first respondent under Ext.P5 letter. The proposal stands rejected by Ext.P8 order, on the premise that the provisions of the W.P.(C) No.12947 of 2022 -3- Act or the byelaws of the Society does not provide for alteration of the Society's name.
2. Learned Counsel for the petitioner relied on Sections 18 and 22 of the Act and Clause 19 of Ext.P3 bylaws to contend that there is ample provision for amending the byelaws, including alteration of the Society's name. It is submitted that the legal issue stands concluded by the decision in Kerala Association of Microfinance Institutional Entrepreneurs v. The District Registrar (General) (judgment in W.P.(C) No.35016 of 2018). Therein, after considering the relevant bylaw clauses of the writ petitioner Society and Sections 18 and 22 of the Act, found that the bylaw clauses as well as the statutory provisions explicitly and expressly conceive of amendments that may be effected to the bylaws, memorandum of association, etc.
3. Having heard the learned Counsel for the petitioner, I find substantial merit in the W.P.(C) No.12947 of 2022 -4- argument that Sections 18 and 22 of the Act read along with Clause 19 of the bylaws provides for amendment of the byelaws, including alternation of the Society's name. In such circumstances, the first respondent is bound to reconsider the request for approval of the amendments in the light of the statutory provisions and the judgment of this Court.
In the result, this writ petition is allowed by setting aside Ext.P8 order. The first respondent shall take up Ext.P4 and to pass fresh orders thereon after referring to Clause 19 of the byelaws, Sections 18 and 22 of the Act and the judgment in W.P.(C) No.35016 of 2018. The order, as directed above, shall be passed within one month of receipt of a copy of this judgment.
Sd/-
V.G.ARUN JUDGE Scl/ W.P.(C) No.12947 of 2022 -5- APPENDIX OF WP(C) 12947/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF REGISTRATION CERTIFICATE DATED 11/3/92 HAVING REG.NO.109/1992 ISSUED BY THE 1ST RESPONDENT.
Exhibit P2 TRUE COPY OF MEMORANDUM OF ASSOCIATION OF THE SOCIETY DATED NIL.
Exhibit P3 TRUE COPY OF RULES AND REGULATIONS OF THE SOCIETY DATED NIL.
Exhibit P4 TRUE COPY OF THE MINUTES AND AMENDMENT OF THE MEMORANDUM AND BYE-LAWS OF THE SOCIETY DATED 8/2/2022.
Exhibit P5 TRUE COPY OF THE REQUEST DATED 10/2/2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.
Exhibit P6 TRUE COPY OF THE DECLARATION FOR AMENDING THE NAME OF THE SOCIETY DATED 10/2/2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.
Exhibit P7 TRUE COPY OF THE APPLICATION FOR THE AMENDMENT DATED 10/2/2022 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT. Exhibit P8 TRUE COPY OF THE REJECTION OF APPROVAL OF THE AMENDMENTS OF THE SOCIETY DATED 5/3/2022 ISSUED BY THE 1ST RESPONDENT.