whether the defense is sustainable
Kirti Kar Tripathi
(Querist) 16 October 2010
This query is : Resolved
Dear Experts
I have a problem relation to validity of registration of a society. X, a social & educational society was registered under the provisions of Societies Registration Act, 1860 on 2 Aug. 2008. In which Mr. A is one of the office bearer i.e. vice president. On 4 Aug 2010, he i.e. Mr.A executed a gift deed donating a peace of land in favour of said society. in the said deed the fact of registration of society is mentioned. Thereafter, the society applied for mutation before the revenue authorities. During the mutation proceedings Mr. A not objected and gave his nio objection in writing in the month of July 2008. Thereafter, the said authority passed his final order ordering for mutation of land in favour of Society on 16-12-2008. The Society constructed some structure on the land. The dispute started when Mr. A sold a portion of the said donated land in the months of July 2009 by two separate sale deeds. Now in the month of Jan 2010, Mr. A made an application to the Registrar of Society stating therein that the papers submitted by the society do not contain his signature. On his application the Registrar has issued a show notice to the society under Section 12-D of the Societies Registration Act, U.P. Amendment as to why the registration of society be not cancelled on account of misrepresentation. The said Section 12-D of the Act is being produced as under:-
12-D, Registrar powers to cancel registration in certain circumstances----------(1) Notwithstanding anything contained in this Act, the Registrar may, by order in writing, cancel the registration of any society on any of the following grounds.
(a) that the registration of the society of its name or change of name is contrary to the provisions of this Act or any other law for the time being in force.
(b) that the activities or proposed activities have been or are or will be subversive of the object of the society or opposed to public policy.
(c) that the registration or the certificate of renewal has been obtained by misrepresentation or fraud.
Provided that no order of cancellation of registration of any society shall be passed until the society has been given a reasonable opportunity of altering its name or object or showing cause against the action proposed to be taken in regard to.
On appearance of documents submitted by the society, it appears that the signatures of Mr. A are not genuine .
I am representing society. In my reply I want to take the following defenses.
(a) the action of Mr. is after thought.
(b) he estopped under the law as he has condoned the action of society by his subsequent acts i.e. by making sale deed and also by giving no objection before the revenue authority
(c) on the ground of acquaintances as he has not objected in time and he was present at the time of submission of papers.
(d) that the dispute involves complicated questions of facts and law, which can be decided by competent civil court after proper evidence and adjudication and the registrar has no powers to decide the same in summery procedure under section 12-D.
Whether my objections have any force, pleased advice.
