advice under section 78 of the M.C.S.Act 1960

You may complaint to the office of Joint Registrar who has concurant jurisdiction.

H M Suthar

You can file writ petition before the Hon'ble High Court for directing the Deputy Registrar to take appropriate action against the Society managing committee.

Dear Sir ,

Thanx for the reply...pls kindly tell me if I file a writ petition in the Hon'ble High Court so I should make the Dy. Registrar as a single party or shall I include the society as well...

Thx

First you have to go to the joint registrar and thereafter to HC.

 

 

 

Section 78 is an extreme measure against the office bearers of a Society. Also there is elaborate procedure for the Registrar to follow.

You are saying that the Managing Committee members have breached the byelaws and provisions of the Act. Have you made a precise and specific complaint? Have you explained what exact breaches of the byelaws and Act the MC members have made?  Are they of a monetary or criminal nature? Are they serious enough to attract provisions of Section 78?

Generally even for frivolous complaints the Registrar sends notice to the Chairman or Secretary. I would like to know the details of the breaches made by the MC and how exactly you presented your case.

 

Going to High Court etc. is tedious, time-consuming and expensive. First you make sure that you have proceeded correctly so far.

I fully agree with Dr Ramani.

Registrar enjoys quasi judicial powers. There are provisions of appeals / writs. But if in the lower court the presentation is not proper and elaborate, chances of securing the order through the appellate/writ process are remote.

Moreover there is a decision of Bombay High Court in a matter where administrator was appointed under S 78 and thereafter a committee of complainants was appointed; observes that :

Needless to say, the exercise of the power under Section 78(1)(a)(ii) is not unbridled and the Registrar cannot arbitrarily exercise such power without their being sufficient reason to do so.

.....

All said and done, the impugned order regarding appointment of the committee of the respondents no. 5 to 7 is without any legal substratum. The internal correspondence between the concerned authorities and the recitals of the impugned order, considered together, would reflect non application of judicial mind by the Assistant Registrar and his meek surrender to the instructions of the higher authorities. The Assistant Registrar appears to have echoed to his master's voice instead of taking any independent decision. I am at pains to note that the impugned order is no short of abuse of the legal process.

Consequently, the impugned order will have to be quashed.  

@ Mr. Lakdawala

It is more than 10 months since your post and the penultimate post, which is mine. Have you proceeded further in the matter according to the advice you received here or otherwise?  If so what is the present status of the case?

Thank you Dr. MPS RAMANI as till date have not proceeded against the managing Commitee as was held up in follow up of section 83 against the same Committee before the Asst. Registrar and DDR (3) will update you as soon as I file the Complaint under section 78 before the Asst Registrar.

Thanks for your msg