JUDGEMENT
-
(1.) The petitioners have sought the quashing of the order dated 13th May, 2009 passed by the Deputy Registrar, Firms, Societies and Chits, Jhansi (hereinafter referred to as the ''Deputy Registrar') by which he has observed that the list of office bearers of the governing body of the Society earlier registered on 24th March, 2009 is correct.
(2.) It is stated that "The Field Council of Norwegian Evangelical Mission, Karwi, District Chitrakoot" (hereinafter referred to as the ''Society') is a Society registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as the ''Act'). The registered office of Society is situated at Karwi, District Banda. It has a Memorandum of Association and Rules and Regulations. The Assistant Registrar registered the list of office bearers of the Society for the year 2005-06 in which Ms. Aase Jorgensen was the Chairman/Treasurer. On 1st September, 2006, she brought an agenda that due to her poor health and week eyesight she will not be able to perform her duties as Chairman/Treasurer and consequently in the general meeting of the Society on 30th September, 2006, a resolution was passed appointing petitioner No. 2-David S.K. Jai as the Chairman/Treasurer and Asher Wahab as Secretary. It is stated that thereafter the notice for annual general meeting, list of governing body and audited accounts along with form FC-3 for the year 2006-07 and 2007-08 were submitted to the Assistant Registrar on 30th July, 2007 and 27th July, 2008 by David S.K. Jai as Chairman/Treasurer. However, for the year 2008-09, the list of office bearers was submitted before the Deputy Registrar with Ms. Anna Marie Gorthe as Chairman/Treasurer and Asher Wahab as the Secretary on the basis of the proceedings held on 19th February, 2009. Subsequently, the Deputy Registrar, by the order dated 24th March, 2009 registered the list of office bearers of the Society for the year 2008-09. The petitioners filed objections against the said registration of the list of office bearers. These objections have been rejected by the order dated 13th May, 2009 which has been impugned in the present petition.
(3.) A perusal of the order shows that following reasons have been given by the Deputy Registrar in the impugned order:
1. Clause 3 of the Rules and Regulations shows that the Superintendent of N.E. Mission shall be the ex-officio member and shall be the Chairman of the Association and the Governing Body.
2. Under Clause 15 of the Rules and Regulations, the Treasurer/Mission Superintendent shall be appointed by the Board of Foreign Mission, N.E.M. David S.K. Jai claims to be the superintendent but he has not filed original documents to show that he had been appointed as Superintendent.
3. The erstwhile elected Chairman Ms. Aase Jorgensen expressed her inability to continue because of her old age. Subsequently, the Vice-Chairman namely Ms. Anna Marie Gorthe started discharging the duties of Chairman and the resolution of the Committee of Management of the Society dated 19th February, 2009 is in accordance with law.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.