- (1.) Heard learned counsel for the parties.
(2.) The Society, namely, Gurudwara Shree Guru Singh Sabha, Chas, Bokaro was registered under the Society Registration Act, 1860 as such on 15.12.2011 on an application made in the prescribed format under Rule 4 of Bihar Society Registration Rules, 1965 by the order of I.G Registration, Government of Jharkhand. On a complaint made by the present petitioner and some others that the registration has been obtained by practicing fraud and use of forged signatures of certain members, the matter was inquired through Deputy Commissioner, Bokaro vide letter no. 129 dated 21st January, 2012. The Deputy Commissioner, Bokaro through his letter no. 1046 dated 15th March, 2012 confirmed the forgery in signatures found during the course of inquiry by Executive Magistrate and also recommended for cancellation of registration. The office bearers of Society including President, Secretary and Treasurer were issued show cause through letter no. 229 dated 14th May, 2012 enclosing therewith a copy of inquiry report asking them to explain. In the reply grounds were taken by the President of the Society that proper inquiry has not been done from the relevant records by the Executive Magistrate. The matter was again inquired through Deputy Commissioner, Bokaro vide letter no. 276 dated 27th June, 2012. The second inquiry was conducted through another Executive Magistrate, Mahabir Singh, who again confirmed the forgery committed in the signatures of proposed President, Harbhajan Singh Dosanjh and Treasurer, Raghubir Singh in the application made for registration. This led to cancellation of registration of the Society by the order dated 24th July 2013 bearing Memo no. 957 (Annexure3 to the writ application) by I.G. Registration. Respondent no.8 preferred an appeal as Secretary of the Society before Member, Board of Revenue against the said cancellation under the relevant provisions of Society Registration Act read with Bihar Amendment. Learned Member, Board of Revenue has by the impugned order Annexure5 set aside the order of cancellation of registration dated 24th July, 2013 passed by I.G. Registration.
(3.) Petitioner has assailed the same inter alia on the following grounds: (i) That petitioner was not impleaded as a party nor any notice was issued upon him though it was on his complaint before I.G, Registration that led to cancellation of registration of Society on the grounds of fraud. (ii) It is also submitted that Respondent no. 6, who posed himself as the President of the Society while making an application for registration, had challenged the cancellation of registration before this Court in Writ Petition (C) No. 5104 of 2013 and withdrawn the same as recorded in the order dated 16th May, 2014 (Annexure4). (iii) The findings in the appellate order amounts to stigma against the petitioner behind his back though he was not noticed or heard in the matter. It is submitted that if the registration of Society itself was found to be vitiated by fraud the I.G. Registration was well within his power to annul the same. ;