Secretary, Evangelical Social ... vs The District Registrar (General)
2022 Latest Caselaw 6632 Ker

            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

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

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

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.