- (1.) Petitioner has made an application in his capacity as president of the association for registration of the society by the name of 'UP Homeguard Avaitnik Adhikari Evam Karamshari Association' under the . Societies Registration Act, 1860, (hereafter referred to as the Act). The same has been rejected by Assistant Registrar, Firms, Societies and Chits, Gorakhpur (respondent no. 2) as intirnated to the petitioner vide letter dated 7.1.2010 (Annexure - 6 to the writ petition). This order of respondent no. 2 has been impugned in this writ petition.
(2.) I have heard learned Counsel for the petitioner as well as learned Standing Counsel. Learned Counsel for the petitioner contends that his application could be rejected only on the ground which are mentioned in Section 3(2) of the Act, as amended in the State of Uttar Pradesh only were, the conditions mentioned in Section 3(2)(a), (b), (c) and (d) are attracted. He submits that under the aforesaid provision there is no requirement of obtaining 'No Objection' from any authority. Therefore, the refusal of respondent no. 2 to register the petitioner's society on the ground that the Director General of Home Guards, U.P., Lucknow, has recorded serious objections to the same cannot be a basis for refusal to register the society. Section 3 of the Act provides for making of an application along with deposit of fee for the registration of the society under the Societies Registration Act. Section 20 permits the registration of the societies of the various categories mentioned therein. Section 3, as amended in the State of Uttar Pradesh, lays down the formalities which are required to be complete in the matter of registration. Sub-clause (2) of Section 3 lays down the conditions on which such registration can be refused. The provisions of the Societies Registration Act do not contemplate any 'no objection certificate' from the authorities of the State nor can they object to the registration of any society, except on grounds mentioned in Section 3(2).
(3.) In view of the aforesaid, this writ petition is allowed. The impugned order passed by the Assistant Registrar, Firms, Societies and Chits, Gorakhpur, respondent no. 2, is hereby quashed. Let respondent no. 2 re-examine the matter for registration of the petitioner's society in accordance with law within a period of 8 weeks of production of a certified copy of this order before him irrespective of the objections of the Director General, Home Guards, U.P. Petition allowed.;