Dr Supriyo Bhattacharjee vs. The State Of Jharkhand

Facts

The petitioner, a life member of MILANEE Club, Jamshedpur, a society registered under the Societies Registration Act, 1860, filed a writ petition challenging the termination of his membership. The termination occurred because he, along with other life members, refused to pay an annual renewal fee of Rs. 500/- plus 18% GST, a decision purportedly taken in a General Body Meeting. The petitioner alleged mismanagement and financial irregularities by the Executive Committee of the Club. He had previously filed an application on July 26, 2019, before the Inspector General of Registration (Respondent No. 1) detailing these grievances, but it remained unconsidered. The petitioner sought directions for the Inspector General to address his application and take action regarding the Club's functioning.

Held

The Court, without entering into the merits of the case, acknowledged the petitioner's grievance regarding the unconsidered application before the Inspector General of Registration. It recognized the powers vested in the Inspector General of Registration under Rule 12 of the Bihar (now Jharkhand) Societies Registration Rules, 1965, to conduct enquiries into the affairs of registered societies. The Court directed the petitioner to file a fresh application on the present issue before the Inspector General of Registration. Upon receiving this representation, the Inspector General was mandated to consider it, provide an opportunity of hearing to both the petitioner and the Executive Committee of the Club, and then take an informed decision in accordance with the law, preferably within four months. The termination of the petitioner's membership was made contingent upon the outcome of this decision. The writ petition was disposed of with these directions.

Key Issues

1. Whether the Inspector General of Registration has the power to institute an enquiry or investigation into the affairs of a registered society, specifically concerning allegations of mismanagement and financial irregularities, as provided under Rule 12 of the Bihar (now Jharkhand) Societies Registration Rules, 1965? Petitioner's Contention: The petitioner argued that Rule 12 of the Rules, 1965, empowers the Inspector General of Registration to conduct necessary enquiries or investigations when there is a suspicion of a society engaging in activities subversive to its objects or if its office has ceased to be in the State. Rules 13 and 14 outline the procedure for such actions. The petitioner's application dated July 26, 2019, was filed based on these provisions, and the respondent No. 1's failure to consider it was the primary grievance. Revenue's Contention: The counsel for the State of Jharkhand acknowledged that the Inspector General of Registration is vested with the power of enquiry and investigation into the affairs of a registered society as detailed under Rule 12 of the Rules, 1965.