- (1.) This writ petition has been filed challenging the constitutional validity of Section 30 of the Societies Registration Act as introduced by the Societies Registration (Haryana Amendment) Act, 2007.
(2.) To appreciate the contentions advanced, Section 30 of the Act, as introduced by the Haryana Amendment Act, is extracted below: 30. Appointment of Administrator.- (1) Where on receipt of a complaint from three office-bearers of a society or three affected persons or on inspection of records, the Registrar is satisfied,- (i) that the society is working against the objectives and ideals as per Sections 1 and 20 on the basis of which the society was granted certificate; (ii) that the society is not working democratically or the elections have not taken place within the specified time or the elections have taken place fraudulently or against the clauses of memorandum of association; (iii) that the office-bearers have been nominated against the clauses of memorandum of association; (iv) that the number of members in a trustee mandal has been purposely kept below seven, the Registrar may recommend to the State Government to appoint an Administrator: Provided that no adverse order shall be passed unless an opportunity of being heard has been given to the concerned society: Provided further that the action of the Registrar in this behalf shall be final and no appeal shall lie in any court against such action. (2) The State Government may, by order published in the Official Gazette, shall appoint an Administrator of such society who shall not be below the rank of Deputy Secretary for such period, not exceeding six months, as may be specified in the order to manage the affairs of the society: Provided that for reasons to be recorded in writing, the State Government may, by like order, extend the said period for a further duration of six months. (3) On the appointment of the Administrator under Sub-section (2), the governing body of the society shall cease to exercise any powers and perform and discharge any functions or duties conferred or imposed on it by this Act, or its memorandum of association or the rules and regulations or any other law and subject to any directions which the State Government may from time to time issue, all such functions or duties shall be performed or discharged by the Administrator. (4) The Administrator shall, before the expiry of the period of his appointment, take necessary action to convene the general body meeting of the society and hold election for the constitution of the governing body. (5) If the Administrator is not, for reasons beyond his control, able to convene the general body meeting or in spite of such meeting being convened the general body fails to elect the governing body, the Administrator shall forthwith send a report to the State Government who may pass such orders as are considered necessary, either extending the period of appointment of the Administrator for a further duration or if satisfied that public interest so requires, for the dissolution of the society. (6) The State Government may, if it thinks fit, appoint a committee to advise and assist the Administrator appointed under Sub-section (1) in the exercise of the powers and performance and discharge of the duties and functions conferred or imposed on him under this Act. The members of the committee shall have such qualifications as may be prescribed and shall hold office during the pleasure of the State Government. (7) Where an order of dissolution is passed under Sub-section (5), the assets of the society shall vest in and the liabilities shall devolve on the State Government.
(3.) Learned Counsel for the Petitioners has contended that Section 30 of the Act is ultra vires Article 19(c) read with Article 19(4) of the Constitution. The second ground urged is that the State Legislature is not competent to enact the Amendment Act as the field is already covered by a parliamentary enactment i.e. The Khadi and Village Industries Commission Act, 1956. There has been a transgression into an occupied field by the enactment of the Amendment Act according to the learned Counsel.;