Manipur High Court
Shamurailatpam vs The State Of Manipur Represented By The on 20 July, 2022
Author: M.V. Muralidaran
Bench: M.V. Muralidaran
SHAMURAILAT
Page |1
PAM SUSHIL IN THE HIGH COURT OF MANIPUR
SHARMA AT IMPHAL
Digitally signed by WP(C) No. 724 of 2019
SHAMURAILATPAM
SUSHIL SHARMA Hockey Manipur, a registered amalgamated Society,
Date: 2022.07.21 registered under the Manipur Societies Registration Act,
10:03:46 +05'30' 1989 having registration No. 419/M/SR/2010 having its
registered office at Khuman Lampak, P.O. and P.S.
Porompat, Imphal East District, Manipur, through its
General Secretary, Shri Th. Manihar, aged about 56
years, S/o (L) Th. Herachandra Singh, a resident of
Kongba Kshetri Leikai, Manipur.
... Petitioner
-Versus-
1. The State of Manipur represented by the
Commissioner / Secretary (Co-operation),
Government of Manipur, Office at Secretariat,
Babupara, P.O. & P.S. Imphal, Imphal West District,
Manipur-795001.
2. The Registrar of Co-operative Societies, Manipur,
Office at Lamphelpat, P.O. & P.S. Lamphel, Imphal
West District, Manipur-795004.
3. The Manipur Hockey bearing Regd. No.
402/M/SR/2009 having its registered address at
Imphal, represented by its President Shri Basudev
Singh, a resident of Thangal Bazar P.O. Imphal &
P.S. City, Imphal West District, Manipur-795001.
.... Official Respondents.
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 Page |2 WP(C) No. 916 of 2019 The Manipur Hockey represented by its President Shri Basudev Singh, aged about 60 years, S/o Late Ganesh Singh, resident of Thangal Bazar P.O. Imphal & P.S. City, Imphal West District, Manipur.
... Petitioner
-Versus-
1. The State of Manipur represented by the Principal Secretary (Co-Op), Govt. of Manipur, Manipur Secretariat, P.O. & P.S. Imphal, District: Imphal West, Manipur-795001.
2. The Registrar of Societies, Govt. of Manipur at Lamphelpat, P.O. & P.S. Lamphel, District : Imphal West, Manipur-795002.
3. The Hockey Manipur represented by its General Secretary, Shri Th. Manihar, S/o (L) Th. Herachandra Singh, a resident of Kongba Kshetri Leikai, Manipur.
.... Respondents.
BEFORE HON'BLE MR. JUSTICE M.V. MURALIDARAN For the Petitioners :: Mr. M. Hemchandra, Sr. Adv. in WP(C) No. 724 of 2019;
Mr. HS Paonam, Sr. Advocate
in WP(C) No. 916 of 2019
For the Respondents :: Mr. Athouba Khaidem, GA
Date of Hearing and
Reserving Judgment & Order :: 16.06.2022
Date of Judgment & Order :: 20.07.2022
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 Page |3 JUDGMENT AND ORDER (CAV) W.P. (C) No.724 of 2019 has been filed to issue a writ of mandamus directing the respondents 1 and 2 to implement/execute the order dated 22.1.2018 issued by the Secretary (Cooperation), Government of Manipur and letter dated 14.1.2019 issued by the Registrar of Societies, Manipur.
2. W.P. (C) No.916 of 2019 has been filed to issue a writ of certiorarified mandamus for quashing the order dated 22.1.2018 directing the petitioner therein to change its name and alter its memorandum within three months and to direct the respondents 1 and 2 to consider and dispose of the representation dated 29.12.2017.
3. M.C.(WP(C)) No.34 of 2022 in W.P. (C) No.916 of 2019 has been filed by the applicant to vacate the interim order dated 13.11.2019 and its subsequent extension.
4. Since the issue involved and parties are one and the same, both the writ petitions were heard together and disposed of by this common order.
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 Page |4
4. The dispute pertains to registration of two societies, namely Hockey Manipur and Manipur Hockey. Hockey Manipur filed W.P.(C) No.724 of 2019 and Manipur Hockey filed W.P.(C) No.916 of 2019. For the sake of convenience, the parties are referred to as Hockey Manipur and Manipur Hockey.
5. Heard Mr. M. Hemchandra, learned senior counsel for Hockey Manipur in WP(C) No. 724 of 2019; Mr. HS Paonam, learned senior counsel for Manipur Hockey in WP(C) No. 916 of 2019 and Mr. Athouba Khaidem, learned Government Advocate for the respondent State in both the writ petitions.
6. The case of Hockey Manipur is as follows:
Hockey Manipur is a registered society and has been formed by amalgamation of two registered societies, namely Manipur Hokey Association and Manipur Women's Hockey Association. On 1.6.2009, the President of Indian Olympic Association wrote a letter to the President of Manipur Olympic Association stating that the Indian Olympic Association has disaffiliated the Indian Hockey Federation and Indian Women Hockey Federation and provisional affiliation has been given to one Association, namely Hockey India. The aforesaid letter further states that Hockey India shall work on the principle W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 Page |5 of One Game-One Body and shall thus give recognition to one body in each State/Union Territories to control, manage and administer both men and women Hockey.
6.1. In the wake of formation of unified men's and women's Hockey Association in various States of India under the principles of one game one body, Hockey Manipur was formed by amalgamation in a joint meeting held on 28.6.2009. On 29.6.2009, an ad-hoc committee under the name of Hockey Manipur was constituted and consequent upon the formation of the ad-hoc committee, the Manipur Hockey Association and Manipur Women's Association are suspended from the membership of the Manipur Olympic Association.
6.2. The ad-hoc committee was under the presumption that Hockey Manipur was converted into Manipur Hockey upon its registration with Registrar, Societies, Manipur bearing Registration No.402/M/ST/2009. Manipur Hockey was formed on 6.10.2009 without holding a general body meeting and it has not fulfilled the required procedure and proper documents. Thus, Manipur Hockey was registered on 12.11.2009 by some vested interested persons with mala fide and ulterior motive and the same has been done while the process for amalgamation of W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 Page |6 Manipur Hockey Association and Manipur Women's Hockey Association was pending.
6.3. Upon amalgamation of the Men's and Women's Hockey Association, the Hockey Manipur was registered with the Registrar, Cooperative Societies bearing Registration No.419/M/SR/2010. While the Manipur Hockey has been registered as a new society under Section 7(1) of the Manipur Societies Registration Act, 1989, Hockey Manipur has been registered as an amalgamated society.
6.4. Challenging the process which are aggrieved, Hockey Manipur filed W.P.(C) No.435 of 2010 before this Court and by an order dated 17.3.2016, this Court directed the Commissioner (Cooperation), Government of Manipur to dispose of the representation dated 4.1.2010 within a period of two months. Pursuant to the order dated 17.3.2016, the Principal Secretary (Cooperation) issued an order dated 2.8.2016 directing Manipur Hockey and Hockey Manipur to reconcile and come under a common banner within six months. Accordingly, on 1.7.2017, the Deputy Secretary (Cooperation) issued summon to Manipur Hockey to appear on 10.7.2017 at 11 A.M. Challenging the summon, Manipur Hockey filed W.P.(C) No.562 of 2017 before this Court and by the order dated 19.12.2017, the W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 Page |7 said writ petition was allowed thereby quashing the summon dated 1.7.2017.
6.5. On 22.01.2018, the Secretary (Cooperation), Government of Manipur passed an order directing Manipur Hockey to change its name and alter its memorandum within three months from the date of receipt of the order. Aggrieved by the said order, Manipur Hockey filed W.P.(C) No.124 of 2018 before this Court and by the order dated 27.11.2018, this Court, in order to find out an amicable solution, directed the Registrar of Societies to examine and explore an amicable solution for having one association only for which Manipur Hockey was directed to appear before the Registrar. Accordingly, on 14.1.2019, the Registrar of Societies passed an order declaring that Manipur Hockey has violated the norms of registration and hence it is illegal. On 30.8.2019, W.P.(C) No.124 of 2018 dismissed on the ground that the writ petition has no substance for the reason of non-joinder of necessary party. Accordingly, Hockey Manipur filed W.P.(C) No.724 of 2019 for implementation of the order dated 22.1.2018 and the letter dated 14.1.2019.
7. On the other hand, the case of Manipur Hockey is as follows:
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 Page |8 Pursuant to the decision taken in the meeting held on 6.10.2009 and after discussing and deliberating thoroughly on the issue and in view of the advice given by the IOA to the MOA to follow the policy of one game one association, the members of the meeting resolved to form an association under the name and style of Manipur Hockey for not only uplifting the game of hockey in the State of Manipur, but also for the sake and interest of the players, who are being deprived of their fruit of labour on account of the mismanagement by the members administering the sport in the State of Manipur.
7.1. After formation of Manipur Hockey, it approached Hockey India, which is the apex body of the game in the country, for its affiliation with them. Thereafter, after taking into account the credentials of the members of Manipur Hockey, who are managing the affairs of hockey in the State of Manipur, granted affiliation of Manipur Hockey to Hockey India with effect from 22.10.2009 of the President of Hockey India. In the said letter, Manipur Hockey was also requested to get itself registered under the Societies Registration Act within six months and deposit the required affiliation fee within three months from the date of the said order.
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 Page |9 7.2. In terms of the resolution taken in the meeting held on 6.10.2009, necessary applications, documents and registration fee required under the provisions of Manipur Societies Registration Act, 1989 and Rules were submitted to the Registrar of Cooperative Societies for registration of Manipur Hockey. After completing all formalities and procedures provided by law, the Registrar had issued a notification bearing No.402/M/SR/09 dated 12.11.2009 notifying the registration of Manipur Hockey under Section 7(1) of the Manipur Societies Registration Act. After the registration, Manipur Hockey has been controlling, managing and looking after the game of hockey as the only authorized and recognized association by selecting the players to represent the State and arranging for their participation in various State level and National level hockey tournaments. Manipur Hockey is also organizing many National level and State level hockey tournaments right from its affiliation and registration till date as it is the only authorized and recognized hockey association in the State of Manipur. 7.3. Only after the registration of Manipur Hockey, Hockey Manipur submitted an application for amalgamation of Manipur Hockey Association and Manipur Women's Hockey Association to one unified body called Hockey Manipur and also W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 10 requesting for allowing the said amalgamation. After registration of Manipur Hockey, the Secretary of Manipur Hockey submitted the notification and certificate dated 12.11.2019 to the Secretary/President, Manipur Olympic Association for information and necessary action. The President of MOA issued an order on 23.11.2009 revoking with immediate effect its earlier order constituting an ad-hoc committee to look after the affairs of hockey in Manipur. Though there is no provision for filing an appeal, the President of erstwhile Manipur Women's Hockey Association filed an appeal before the Commissioner/Secretary, Registrar of Societies to set aside the registration granted in favour of Manipur Hockey.
7.4. During the pendency of the appeal, the Registrar allowed the registration of the amalgamated society called Hockey Manipur by allotting registration No.419/M/SR/2010 and by issuing a certificate dated 21.10.2010, thereby cancelling the registration allotted to Manipur Hockey Association and Manipur Women's Hockey Association with immediate effect. Challenging the registration certificate issued in favour of Manipur Hockey, Hockey Manipur filed W.P.(C) No.435 of 2010 and during the pendency of the said writ petition, the Secretary General of Hockey India wrote a letter on 10.1.2011 to the W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 11 Director of Youth Affairs and Sports, Government of Manipur informing that Manipur Hockey is the only recognized body of Hockey India in Manipur State, which is affiliated to Hockey India. On 4.3.2016 the Secretary, MOA issued certificate to the effect that Manipur Hockey is an affiliated unit of MOA. 7.5. Pursuant to the order dated 17.3.2016 passed in W.P.(C) No.435 of 2010, the Principal Secretary (Cooperation) passed an order on 2.8.2016 disposing of the appeal by giving an opportunity to Manipur Hockey and Hockey Manipur to reconcile the issue. Thereafter, the President of Manipur Hockey wrote letters to the President, Hockey Manipur inviting them for reconciliation and to unite the two hockey associations under the common banner. Since no response was forthcoming from Hockey Manipur, Manipur Hockey wrote a letter to the Secretary General, MOA requesting for arranging an open discussion with Hockey Manipur for merging of two hockey associations in the larger interest of the game of hockey and the players. 7.6. It is averred that instead of making any effort for reconciliation and merging, Hockey Association filed another representation dated 12.4.2017 to the State government praying for cancellation of the registration of Manipur Hockey on the same grounds taken in their appeal dated 4.1.2010. Without W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 12 giving an opportunity to Manipur Hockey, the Principal Secretary (Cooperation) issued an order dated 22.5.2017 cancelling the registration of Manipur Hockey with immediate effect and also notifying that Hockey Manipur is recognized as the sole and genuine State level association for hockey game in the State of Manipur.
7.7. Aggrieved by the order dated 22.5.2017, Manipur Hockey filed W.P.(C) No.391 of 2017 for quashing of the said order. During pendency of the said writ petition, the Principal Secretary issued an order dated 14.6.2017 withdrawing the order dated 22.5.2017. Just after withdrawal order dated 14.6.2017, Hockey Manipur again for the third time filed another representation on 27.6.2017 to the Principal Secretary praying for cancellation of the registration of Manipur Hockey. When the Deputy Secretary issued summon dated 1.7.2017, challenging the summon Manipur Hockey filed W.P.(C) No.562 of 2017 and by the order dated 19.12.2017, the said writ petition was allowed. After the disposal of the said writ petition, Manipur Hockey filed an application dated 29.12.2017 to the concerned authorities of the State requesting them for directing Hockey Manipur to change its name by invoking Section 11 as its name is exactly W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 13 similar to the name of already registered society of Manipur Hockey.
7.8. According to Manipur Hockey, they are the only body affiliated and recognized by the Hockey India and MOA for the sports of hockey in the State of Manipur, which had conducted many tournaments/coaching camps in different levels in the State of Manipur. Instead of considering the application dated 29.12.2017 after a delay of more than 8 years from the date of the registration, the first respondent issued an order dated 22.1.2018 whereby Manipur Hockey was directed to change its name within three months on the ground that at the time when Manipur Hockey was registered on 12.11.2009, there were already two associations existing which is alleged to be a clear violation of Section 10 of the Act.
7.9. Aggrieved by the order dated 22.1.2018, Manipur Hockey filed W.P.(C) No.124 of 2018 and the said writ petition was dismissed on the ground of non-joinder of necessary party. However, this Court has granted liberty to Manipur Hockey to approach any forum, including this Court for redressal of its grievance in accordance with law vide order dated 30.8.2019. Thereafter, Manipur Hockey has filed W.P.(C) No.916 of 2019 to set aside the order dated 22.1.2018.
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 14
8. Mr. M. Hemchandra, the learned senior counsel for Hockey Manipur submitted that upon amalgamation of Men's and Women's Hockey Association, Hockey Manipur was registered with the Registrar, Cooperative Societies, Manipur, while Manipur Hockey has been registered as a new society under Section 7(1) of the Manipur Societies Registration Act, 1989 [for short, "the Act of 1989"]. According to learned senior counsel, Hockey Manipur has been registered as an amalgamated society under Section 12 of the Act of 1989.
9. The learned senior counsel further submitted that without following the procedures as laid down under Rule 13 of Manipur Societies Registration Rules, 2004 [for short, "the Rules of 2004"], Manipur Hockey was registered by the authorities. In fact, no publication calling for any sort of objection was made at any point of time. At the time of registration of Manipur Hockey, Manipur Hokey Association and Manipur Women's Hockey Association were in existence and that their registration were never cancelled at any point of time.
10. The learned senior counsel urged that in the wake of formation of unified Men's and Women's Hockey Association in various States of the country under the principle of one game one body, Hockey Manipur was formed by amalgamation of two W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 15 registered associations into one unified Hockey Association in the meeting held on 28.6.2009. When the process for amalgamation was underway, some interested persons registered Manipur Hockey. He would submit that being aggrieved by the registration of Manipur Hockey, Hockey Manipur submitted a representation dated 4.1.2010 to the authorities. Since the said representation has not been considered, Hockey Manipur filed W.P.(C) No.435 of 2010 and this Court by the order dated 17.3.2016 directed the Commissioner (Cooperation) to dispose of the representation within a period of two months.
11. The learned senior counsel next submitted that pursuant to the order dated 17.3.2016, the Principal Secretary, exercising the power conferred under Rule 38 of the Rules of 2004 has given an opportunity to Manipur Hockey and Hockey Manipur to reconcile and come under a common banner within six months in the best interest to the hockey game and players. Accordingly, the Deputy Secretary issued summon on 1.7.2017 and challenging the summon dated 1.7.2017, Manipur Hockey filed W.P.(C) No.562 of 2017 before this Court and by the order dated 19.12.2017, the said writ petition was allowed. While allowing the writ petition, this Court observed that it is open to the W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 16 State Government to proceed in accordance with law as regards to the registration of the society pertaining to hockey sports in Manipur keeping in mind all circumstances.
12. The learned senior counsel for Hockey Manipur argued that in view of series of orders of this Court and notification by the respondent authorities and also letters of the State Government, the Secretary (Cooperation) issued an order dated 22.1.2018, thereby directing Manipur Hockey to change its name and alter its memorandum within three months. Despite direction, Manipur Hockey has not changed its name. Since Manipur Hockey has failed to change its name as per the order dated 22.1.2018, Hockey Manipur submitted a representation on 4.9.2019 praying to implement/execute the orders dated 22.1.2018 issued by the Secretary (Cooperation). Since the official respondents failed to take action, Hockey Manipur filed W.P.(C) No.724 of 2019.
13. Assailing the impugned order dated 22.1.2018, Mr. HS Paonam, the learned senior counsel for Manipur Hockey submitted that the first respondent, in an arbitrary and mala fide manner and in colourable exercise of power with an ulterior and preconceived motive to cancel the registration of Manipur Hockey, has passed the aforesaid order, that too, after more than W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 17 8 years, after Manipur Hockey Association and Manipur Women's Hockey Association have ceased to exist with effect form 29.6.2009 and order for amalgamation of the said two societies was issued with effect from 21.1.2010. On the aforesaid ground itself, the impugned order dated 22.1.2018 deserves to be quashed.
14. The learned senior counsel further submitted that the registration of Hockey Manipur was allowed only on 21.1.2010 much later than the registration of Manipur Hockey, which was allowed on 12.11.2009. In view of such undisputed facts, the invocation of the provisions of Section 11 of the Act of 1989 and Rule 14(9) of the Rules of 2004 by the first respondent against Manipur Hockey is totally ignoring the application dated 29.12.2017 submitted by Manipur Hockey. He would submit that the impugned order dated 22.1.2018 has been passed illegally and without any authority of law.
15. The learned senior counsel then submitted that the order dated 22.1.2018 has been issued with a mala fide intention to scuttle the promotion, propagation and development of the sport of hockey in the State of Manipur in which Manipur Hockey has been and is deeply engrossed with as will be shown by the facts that because of its credentials it is the only recognized body W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 18 for the sport of hockey in the State of Manipur by Hockey India which is the apex body for the sport of hockey in the country and has been conducting championship in the State of Manipur. In fact, the first respondent issued the impugned order dated 22.1.2018 at the instance and dictation of Hockey Manipur.
16. The learned senior counsel for Manipur Hockey urged that the first respondent or for that matter the second respondent has not taken any action against Hockey Manipur for changing the name of its association or for cancellation of their registration knowing fully well that the same is a defunct society existing only in paper and not engaging in any activity or activities worth its name commensurate with its aim and object for which it was set up and registered and renewing its registration in connivance amongst the respondents on the basis of false and concocted documents. The respondents 1 and 2 are estopped by their conduct from issuing the impugned order and, therefore, interference of this Court is very much required.
17. Mr. Athouba Khaidem, the learned Government Advocate appearing for the official respondents in both the writ petitions submitted that Hockey Manipur was registered under the Act of 1989 dated 21.1.2010 and it was formed by amalgamation of two previously registered societies. He would W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 19 submit that Manipur Hockey was registered under the Act of 1989 on 12.11.2009 calling for objections through local newspaper published on 23.10.2009 and based on the enquiry report submitted by the enquiry officer.
18. The learned Government Advocate further submitted that in compliance of the order of this Court dated 17.3.2016 passed in W.P.(C) No.435 of 2010, the Principal Secretary issued an order dated 2.8.2016 giving an opportunity to Manipur Hockey and Hockey Manipur to reconcile the issue and come under a common banner within six months. However, the reconciliation could not be made and after due consideration of the issue under Section 11 of the Act of 1989 and Rule 11 of the Rules of 2004, the Secretary (Cooperation) has passed the impugned order dated 22.1.2018.
19. According to learned Government Advocate Hockey Manipur is the legal entity, as it is the amalgamated unit from both men and women hockey associations as per conditions of IOA though the registration number was accorded for these amalgamated body in January, 2010 having followed all the existing rules and procedures whereas Manipur Hockey has violated the norms of registration and it is illegal. W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 20
20. This Court considered the rival submissions and also perused the materials available on record.
21. While Hockey Manipur filed W.P.(C) No.724 of 2019 seeking direction on the official respondents to implement/execute the order dated 22.1.2018 issued by the Secretary (Cooperation), Government of Manipur and the subsequent letter dated 14.1.2019 issued by the Registrar of Societies, Manipur Hockey filed W.P.(C) No.916 of 2019 to quash the very same order dated 22.1.2018.
22. According to Manipur Hockey, it has been formed on 6.10.2009 pursuant to the resolution of the meeting and the advice of IOA to the MOA to follow the policy of one game one association not only for uplifting the game of hockey in the State of Manipur, but also for the sake and interest of players who are being deprived of their fruit of labour on account of the mismanagement by the members administering the sport in the State of Manipur. Manipur Hockey was registered on 12.11.2009 under Section 7(1) of the Act of 1989.
23. According to Hockey Manipur, Manipur Hockey Association and Manipur Women's Hockey Association were amalgamated on 21.1.2010 and gave birth to Hockey Manipur, W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 21 which has been registered under Section 12 of the Act of 1989 under the principle of one game one body on 21.1.2010.
24. To analyze the rival submissions of the parties, it would be appropriate to refer to the earlier litigation filed by the parties and the consequential proceedings issued by the official respondents.
25. Before amalgamation of Manipur Hockey Association and Manipur Women's Hockey Association as Hockey Manipur, the President of Manipur Women's Hockey Association has filed an appeal before the Commissioner/Registrar of Societies challenging the registration of Manipur Hockey dated 12.11.2009. During the pendency of the said appeal, the Registrar of Societies allowed the registration of the amalgamated society called Hockey Manipur by allotting registration No.419/M/SR/2010 and had also issued an order on 21.1.2010 cancelling the registration number allotted to the erstwhile Manipur Hockey Association and Manipur Women's Hockey Association.
26. Assailing the registration certificate granted to Manipur Hockey, Hockey Manipur filed W.P.(C) No.435 of 2010. W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 22 By the order dated 17.3.2016, this Court disposed of the said writ petition with the following lines:
"Heard Mr. M. Hemchandra, learned counsel for the petitioner as well as Mr.A.Mohendro, learned counsel for the respondent.
When the matter was taken up for hearing, it has been submitted by Mr.M.Hemchandra, learned counsel for the petitioner that he will be satisfied for the time being if a direction is issued to the respondents to consider the representation dated 4th January, 2010 submitted by the petitioner for redressal of grievances of the petitioner.
In view of the above submission made, this Court without making any observation as regards the merit of the case of the respective parties, directs the respondent No.1 to dispose of the representation dated 04.01.2010 submitted by the petitioner by issuing a speaking order in accordance with law, as early as possible, preferably within a period of two months from the date of receipt of a certified copy of this order.
The writ petition stands disposed of accordingly."
27. It appears that during the pendency of W.P.(C) No.435 of 2010, the Secretary General of Hockey India addressed a letter to the Director of Youth and Affairs and Sports, W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 23 Government of Manipur informing that Manipur Hockey is the only recognized body of Hockey India in Manipur State.
28. Pursuant to the order of this Court in W.P.(C) No.435 of 2010, the Principal Secretary (Cooperation), Government of Manipur, after hearing the Manipur Hockey and Hockey Manipur, passed an order dated 2.8.2016 disposing of the appeal dated 4.1.2010. The operative portion of the order reads thus:
"Whereas, an indepth examination was made of the detailed submissions of both the parties highlighting their own substantive points/assertions. On careful consideration particularly taking into all aspects the interest of Hockey game in Manipur, whereby both the Societies have committed and good Hockey players in both the Societies, I arrived at the view that in the best interest of the Hockey Game and players of State, the matter deserves a reconciliation opportunity.
Now, therefore, I Shri K. Moses Chalai, Principal Secretary (Cooperation), Government of Manipur in exercise of the powers conferred upon me under rule No.38 of the MSR Rules, 2004 do hereby give an opportunity to "Manipur Hockey"
and "Hockey Manipur" to reconcile and come W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 24 under a common banner within 6 (sox) months in the best interest of the Hockey Game and Players.
The representation/Co-operative appeal dated 04/01/2010 filed by the petitioner stands disposed of accordingly."
29. Pursuant to the direction of the Principal Secretary, Manipur Hockey wrote several letters to Hockey Manipur calling upon them for reconciliation and to unite the two hockey associations under a common banner. On 12.4.2017, Hockey Manipur filed another representation to the State Government praying for cancellation of the registration of Manipur Hockey. By the order dated 22.5.2017, the Principal Secretary (Cooperation) passed an order cancelling the registration of Manipur Hockey with immediate effect and notified Hockey Manipur is genuine State Level Association for the game of Hockey in the State of Manipur.
30. Aggrieved by the order dated 22.5.2017, Manipur Hockey filed W.P.(C) No.391 of 2017 before this Court and during pendency of the said writ petition, the Principal Secretary has withdrawn the said order dated 22.5.2017 cancelling the registration of Manipur Hockey. After issuance of the withdrawal W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 25 order dated 14.6.2017, Hockey Manipur submitted another representation dated 27.6.2017 to the Principal Secretary (Cooperation) praying for cancellation of the registration of Manipur Hockey.
31. Based on the said representation, the Deputy Secretary (Cooperation) issued summons on 1.7.2017 to Manipur Hockey and Hockey Manipur for appearance on 10.7.2017. Aggrieved by the issuance of summon dated 1.7.2017, Manipur Hockey filed W.P.(C) No.562 of 2017. By the interim order dated 31.7.2017, this Court directed the Secretary, MOA to explore possibility of having a common society relating to hockey and to submit a report including suggestion, if any. Pursuant to the interim order, the Secretary, MOA submitted a report dated 12.8.2017 stating that Manipur Hockey is an affiliated unit of MOA and also making suggestion to the Court to advise the national sports federation for bringing an amicable solution.
32. By the final order dated 19.12.2017, W.P.(C) No.562 of 2017 came to be allowed and the summon dated 1.7.2017 was quashed. However, the Court observed that it is open to the State Government to proceed in accordance with law as regards the registration of a society pertaining to Hockey W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 26 sports in Manipur. The order dated 19.12.2017 is extracted hereunder:
"Heard Shri M. Devananda, learned counsel appearing for the petitioner, Shri N. Kumarjeet, learned A.G. appearing for the State respondents and Shri M. Hemchandra, learned Sr. counsel appearing for the private respondent.
By the instant writ petition, the petitioners' Association has prayed for issuing an appropriate writ, order or direction to quash and set aside the summon dated 1.7.2017 issued by the Deputy Secretary (C-operation), Government of Manipur mainly on the ground that the said summon has been issued on the basis of the representation dated 27.6.2017 addressed to the Principal Secretary (Co- operation Govt. Manipur) by the Secretary, Hockey Manipur praying for cancellation of the registration of the petitioner society.
The registration of Societies in Manipur is regulated by the provisions of Manipur Society Registration Act, 1989. Section 7 provides for registration of society. Section 10 provides that no society shall be registered under a name which is identical with or too nearly resembles, the name of other society or anybody which has been previously registered or incorporated W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 27 under this act or any other law for the time being in force, as the case may be or is deemed to have been registered under this act. Section 11 provides for change of the name of a society in respect of certain circumstances as detailed in the act itself. Rule 14 of the Manipur Society Rule 2014 and in particular, sub-rule 9 reads:-
"In case the society refuses to change the name to alter the memorandum within the specified time in the order of the State Government, the registration of the society shall automatically stand cancelled from the next date of the time specified in the order of the State Government. The cancellation shall be published in the Official Gazette by way of notification in form 'J'. Copies of the notification shall be given to all concerned including the society. The Registrar of societies shall make a report to the State Government in this regard."
On perusal of the provisions of this act, it appears that there is no any provision under the Act for cancellation of the registration of a society except under the proceeding initiated under Section 11 read with Rule 14(9), that is, in regard to the change of name. Rule 14(9) provides that in case any society refused to change the name despite instruction being W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 28 given by the State Government, the registration stands automatically cancelled.
On perusal of the said representation dated 27.6.2017, it appears that it has been submitted purportedly under the provisions of Section 11 of the act which has nothing to do with the cancellation but to change the name of a society. Moreover, the summon dated 1.7.2017 appears to have been issued on the basis of the said representation and therefore, the same is not sustainable in law.
In view of the above, the instant writ petition is allowed and consequently, the said summon dated 1.7.2017 is quashed and set aside.
However, it is open to the State Government to proceed in accordance with law as regards the registration of a society pertaining to Hockey sports in Manipur, keeping in mind all circumstances and in particular, the fact that the petitioner society is an affiliated unit of MOA as per its report dated 12.8.2017."
33. Admittedly, as against the order dated 19.12.2017, no appeal has been preferred by the parties, particularly, Manipur Hockey. In the aforesaid order, it has been clearly stated that Section 11 of the Act of 1989 has nothing to do with the cancellation, but only permits to change the name of a society W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 29 and the State Government has been given liberty to proceed in accordance with law as regards the registration of a society pertaining to Hockey sports in Manipur.
34. Accordingly, the State Government proceeded with the matter and upon enquiry and a detailed analysis of the matter, the Secretary (Cooperation) has passed the impugned order dated 22.1.2018 holding that when two societies namely Manipur Women's Hockey Association and Manipur Hockey Association are already in existence, which are registered societies, registration of similar society under the name and style of Manipur Hockey on 12.11.2009 is in clear violation of Section 10 of the Act of 1989 and, accordingly, directed Manipur Hockey to change its name. The operative portion of order dated 22.1.2018 reads thus:
"6. Now, therefore, after due consideration of the aforesaid facts, I, Shri M. Joy Singh, IAS, Secretary (Cooperation), Government of Manipur, in exercise of the powers conferred upon me under Section 11 of MSR Act, 1989 and Rule No.14 sub-rule 9 of MSR Rules, 2004 do hereby direct "Manipur Hockey" to change its name and alter its memorandum within 3 (three) months from the date of receipt of this orders."
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 30
35. Challenging the order dated 22.1.2018, Manipur Hockey filed W.P.(C) No.124 of 2018. While entertaining the writ petition, on 27.11.2018, this Court observed that while considering the matter to find out an amicable solution, it is open to the Registrar, Societies to invite Hockey Manipur so that the issue can be resolved for once and all. After considering the views and suggestions of all the parties, the Registrar was directed to submit a report to this Court on or before 16.1.2019 and, accordingly, adjourned the writ petition. Pursuant to the interim order, the Registrar examined the matter and by the letter dated 14.1.2019 declared that Manipur Hockey has violated the norms of registration and therefore, it is illegal.
36. By the order dated 30.8.2019, W.P.(C) No.124 of 2018 came to be dismissed on the ground of non-joinder of necessary party. However, while dismissing the writ petition, this Court granted liberty to Manipur Hockey to approach any appropriate forum, including this Court, for redressal of its grievances in accordance with law. The operative portion of the order reads thus:
"9. For the reasons stated hereinabove, this Court is of the view that the instant writ petition has no substance for the reason of non-joinder of W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 31 a necessary party and is accordingly dismissed as not maintainable. It is, however, open to the petitioners' association to approach any appropriate forum including this Court, for redressal of its grievances in accordance with law."
37. Pursuant to the direction aforesaid, W.P.(C) No.916 of 2019 has been filed by Manipur Hockey to set aside the very same order dated 22.1.2018 and Hockey Manipur filed W.P.(C) No.724 of 2019 to implement the order dated 22.1.2018.
38. In the background aforesaid, this Court proceeded to deal with the issue as to whether the impugned order of the Secretary (Cooperation) dated 22.1.2018 warrants interference.
39. According to Manipur Hockey, during the course of meeting held on 29.6.2009, the then Secretary, Manipur Hockey Association informed that an association of hockey for men and women had been formed, to which the Secretary, Manipur Women's Hockey Association did not agree raising an objection and, therefore, an ad-hoc Committee was constituted. Thereafter, a Circular dated 1.10.2009 was issued to all the clubs/organizations for a meeting to be held on 6.10.2009, in which the members present resolved to form an association W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 32 called Manipur Hockey which was subsequently registered as an Association under the provisions of the Act of 1989. In the meantime, another association by name called Hockey Manipur was registered under the provisions of the Act of 1989 by amalgamating the earlier two hockey associations. That is the reason the controversy between these two associations namely Hockey Manipur and Manipur Hockey arose. The issue is which one of the said associations shall continue to be recognized and shall be allowed to represent the State in respect of hockey game.
40. Though Manipur Hockey was formed and registered on 12.11.2009, Hockey Manipur got registered subsequent to it on 21.01.2010. Manipur Hockey themselves admitted that Hockey Manipur was formed by amalgamation of two oldest registered societies namely Manipur Hockey Association and Manipur Women's Hockey Association. In their writ petition [W.P.(C) No.916 of 2019], it has been stated as under:
"3. That a special joint executive committee meeting of the Manipur Hockey Association and Manipur Women's Hockey Association was held on 28.06.2009 and in the said special joint meeting it was resolved, inter alia, that Manipur W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 33 Hockey Association and Manipur Women's Hockey Association be amalgamated into one unified body called "Hockey Manipur". In pursuance of the said resolution an order dated 29.06.2009 was issued by the Secretary General of the Hockey Manipur to the effect that the two associations, i.e. Manipur Hockey Association and Manipur Women's Hockey Association is amalgamated and formed an unified body called Hockey Manipur with the 21 executive council members as mentioned in the said order."
41. There is no dispute that Manipur Hockey Association and Manipur Women's Hockey Association were registered in the year 1976. Though the formation of Manipur Hockey has been recognized by Manipur Olympic Association as well as Hockey India, the registration of Manipur Hockey was done when the registration of Manipur Hockey Association and Manipur Women's Hockey Association was in force. The aforesaid is evident from the certificate dated 21.1.2010 issued by the Registrar of Societies. In the certificate dated 21.1.2010, it has been stated as under:
"It is hereby certified that pursuant to Section 12 of the Manipur Societies Registration Act, 1989 the Societies hitherto called Manipur Women's Hockey Association Regd. No.1994 of 1976 W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 34 dated the 23rd October, 1976 and Manipur Hockey Association Regd. No.2002 of 1976 dated the 26th October, 1976 have been amalgamated into one society in the name of Hockey Manipur, Khuman Lampak, Imphal East with reference to the proceedings of the Joint General Body meeting of the two associations held on the 18th October, 2009. Registration No.419/M/SR/2010 dated the 21st January, 2010 has been allotted to the society."
42. Though the registration of Hockey Manipur was given on 21.1.2010, the process for amalgamation was started during June, 2009. The very fact was also evident from the status report submitted by the Registrar of Societies dated 14.1.2019 pursuant to the interim order dated 27.11.2018 passed by this Court in W.P.(C) No.124 of 2018. For proper appreciation, the status report dated 14.1.2019 is extracted hereunder:
"In compliance to the order of the Hon'ble High Court of Manipur dated 27/11/2018 passed in W.P.(C) No.124 of 2018 (Manipur Hockey -vs- State of Manipur & Anr.) A meeting has been conducted on 17th December, 2018 and both the parties came for the meeting (9 members from Hockey Manipur and 2 members from Manipur Hockey).
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 35 The two representatives fro Manipur Hockey said that they will not be in a position to take any responsibilities decisions and that the Meeting be postponed. However, as the representatives from Hockey Manipur had come in full strength and also prior information about the Meeting had been served to both (meeting notice vide letter no. Q- Coop/Case/W.P.(C) No.124 of 2018 dated 10th December, 2018); Manipur Hockey coming only at the time of the Meeting seeking postponement is not acceptable to this office as it is a deliberate attempt to foil the meeting.
Hence, it may be stated that re-conciliation looks non-feasible at this juncture and hence the following facts are stated as below for arriving at final solution.
The Manipur Hockey While the process being done for Association & The Manipur registration of one body Manipur Women's Hockey Association Hockey was given registration by formed in the year 1976 the RCS on 12th November, 2009.
As per instructions from Indian Became an entirely new body with Olympic Association (IOA) The no representatives from the Manipur Hockey Association previously existing bodies got amalgamated. Hence, with (Associations) this the separate registration No. of Men and Women done away with W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 36 Instructions from IOA was given There is no amalgamation as such to form "One Game on body" on June 1, 2009 and as per the instructions both The Manipur Hockey Association & The Manipur Women's Hockey Association came to a conclusion for the formation of Hockey Manipur.
Amalgamated already in 2009 Only 5 days were given after the on 28th June while the advertisement for registration of registration number was given Manipur Hockey before the on 21st January, 2010 after registration was done in violation following all the process of of Rules 13 of the MSR Act, 2004. registration Further their notification was objected by the Secretary Hockey Manipur on two occasions on 13th October, 2009 and on 6th November, 2009 well ahead of the Registration being issued on 12th November, 2009.
Accordingly, the Principal Secretary also de-registered Manipur Hockey. However, the same was withdrawn by the order of the Hon'ble High Court dated 31/07/2017.
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 37 The Secretary, Cooperation had also directed Manipur Hockey change as name on 22nd January 2018 within 3 months. But this order is stayed by the Hon'ble High Court of Manipur's order dated 16.2.2018.
Further there is no record of No Objection certificate (NOC) from Youth Affairs & Sports (YAS) being the parent Department, NOC is usually sought form only one letter from the then Director (YA) address to the Addl.
Registrar Societies seeking classification as to the objection being invited or not. The letter is dated 10th Dec, 2009 way after registration was done.
At this juncture as directed by the Hon'ble Court to consider both the facts and present is before the Court the following is stated:
"Hockey Manipur is the Legal entity as it is the amalgamated unit from both Men and Women as per conditions of IOA though registration number was accorded for these amalgamated body in Jan 2010 having followed all the existing rules and procedures."
However, Manipur Hockey has violated the norms of registration (Section 5, Section 10 and Rule 13 W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 38 of the Manipur Societies Registration Act, 1989) and hence, it is illegal."
43. As could be seen from the materials produced by the parties, in terms of letter dated 01.6.2009 of the Indian Olympic Association, the Manipur Olympic Association vide its letter dated 27.6.2009 invited the President, Manipur Hockey Association and Manipur Women Hockey Association for a joint meeting for the formation of a single association. Both the associations agreed for merger and after completion of all formalities, they stood amalgamated into a single society. While following the lengthy process and taking advantage of the situation with the connivance of the President, Manipur Olympic Association, an ad-hoc committee was constituted, which got Manipur Hockey registered as a society, which was recognized even before its registration. As stated supra, pending amalgamation of the aforesaid two associations, Manipur Hockey got registered, which is not the idea of the Indian Olympic Association. In fact, the Manipur Olympic Association informed the two associations for formation of a single association and the ad-hoc committee has no right to form Manipur Hockey and got registered. Since Manipur Hockey Association and Manipur Women's Hockey Association are very old registered W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 39 associations and decided to amalgamated as Hockey Manipur and the process started for it during June, 2009 itself, the formation of Manipur Hockey is nothing but an association formed by violating the procedure laid down under the Act of 1989 and the Rules of 2004 and obtained registration certificate.
44. In fact, Manipur Hockey registered under Section 7(1) of the Act, whereas Hockey Manipur is an amalgamated society registered under Section 12 of the Act. For ready reference, Sections 7 and 12 of the Act are quoted hereunder:
"7. Registration :-
(1) The Registrar upon being satisfied that the memorandum and the regulations accompanying it comply with the requirements of this Act and the rules and upon payment of the fee referred to in sub-section (2) shall certify under this hand and seal that the society is registered under this Act.
(2) There shall be paid to the Registrar, for the registration of a society under this Act, a fee of one hundred rupees, or such smaller fee as the State Government may from time to time direct.
(3) An appeal shall lie to the State Government against an order of the Registrar refusing to certify the registration of an association as a W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 40 society under this Act and the decision on such appeal shall be final.
12. Societies to have power to amalgamate with another society :-
(1) Whenever two or more societies desire to amalgamate, the governing body of each such society shall submit a joint proposal in writing to the Registrar for his prior approval thereto.
(2) No such proposal shall have effect unless the proposal, with the modification, if any, suggested by the Registrar is confirmed by three-fifths of the joint members of the societies concerned.
(3) An appeal shall lie to the State Government against any order of the State Government on such appeal shall be final.
(4) On the proposal being confirmed -
(a) the amalgamated society shall be registered under its new name;
(b)the registration of the amalgamating societies shall be cancelled; and
(c) the assets and the liabilities of the amalgamating societies shall be the assets and the liabilities of the amalgamated society."
Thus, it is clear that whenever two or more societies desire to amalgamate, the governing body of each such society W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 41 shall submit a joint proposal in writing to the Registrar for his prior approval. In the case on hand, Hockey Manipur has fulfilled the provisions of Section 12 of the Act of 1989 and accordingly got registered.
45. Though after formation of Manipur Hockey and Hockey Manipur both the Societies have produced good hockey players, sanctity has to be given to the old associations which got amalgamated on 21.1.2010 as Hockey Manipur. In fact, in the impugned order dated 22.1.2018, the Secretary (Cooperation), after analyzing the matter in a proper perspective with applicable provisions of law, has passed the order. For better appreciation, the impugned order dated 22.1.2018 is quoted herein below:
"No.8/7/2009-Coop: Whereas, Certificate of Registration of a Society Under the Manipur Societies Registration Act, 1989 (Manipur Act 1 of 1990) bearing No.402/M/SR/2009 dated 12th November, 2009 issued by Registrar of Societies, Manipur in respect of "Manipur Hockey" reads as under:
"It is hereby certified that MANIPUR HOCKEY having its registered address at Imphal has been registered under Section 7(1) of the Manipur Societies Registration Act, 1989 (Manipur Act 1 of 1990) bearing Registration No.402/M/SR/2009."
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 42
2. Whereas, the Certificate of Registration of an Amalgamated Society under the Manipur Societies Registration Act, 1989 (Manipur Act 1 of 1990) bearing No.419/M/SR/2010 issued by Registrar of Societies, Manipur on 21.1.2010 in respect of "Hockey Manipur" reads as under:
"It is hereby certified that pursuant to Section 12 of the Manipur Societies Registration Act, 1989 the Societies hitherto called Manipur Women's Hockey Association Regd. No.1994 of 1976 dated the 23rd October, 1976 and Manipur Hockey Association Regd. No.2002 of 1976 dated the 26thOctober, 1976 have been amalgamated into one society in the name of Hockey Manipur, Khuman Lampak, Imphal East with reference to the proceedings of the Joint General Body meeting of the two associations held on the 18th October, 2009. Registration No.419/M/SR/2010 dated the 21st January, 2010 has been allotted to the society."
3. Whereas, Section 10 of the Manipur Societies Registration Act, 1989 lays down as under:
"10. Name of the society:- No society shall be registered under a name which is identical with or too nearly resembles, the name of any other society or anybody corporate which has been previously registered or incorporated under this Act or and other law for the time being in force, as W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 43 the case may be, or is deemed to have been registered under this Act."
4. And whereas, Section 11 of the Manipur Societies Registration Act, 1989 lays down as under:
"11. State Government may direct change of name:- (1) If a society is registered under a name, or alters its name to another, name which in the opinion of the State Government is identical with or too nearly resembles the name of any other society or body corporate which have been previously registered or incorporated under this Act or any other law for the first time being in force or being deemed to have been registered under this Act, continues to exist, the State Government may by order made in this behalf direct such society to change its name and alter its memorandum within three months from the date of the order on such longer period as the State Government may think fit to allow."
5. And whereas, on perusal and examining the above two certificates minutely, it is fully convinced that when the following two Societies called under the name and style Manipur Women's Hockey Association Regd. No.1994 of 1976 dated the 23rd October, 1976 and Manipur Hockey Association Regd. No.2002 of 1976 dated the 26th October, 1976 are already existing Registered Societies, W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 44 registration of a similar Society under the name and style of 'Manipur Hockey' on 12.11.2009 is a clear violation of Section 10 of the Manipur Societies Registration Act, 1989.
6. Now, therefore, after due consideration of the aforesaid facts, I, Shri M. Joy Singh, IAS, Secretary (Cooperation), Government of Manipur, in exercise of the powers conferred upon me under Section 11 of MSR Act, 1989 and Rule No.14 sub-rule 9 of MSR Rules, 2004 do hereby direct "Manipur Hockey" to change its name and alter its memorandum within 3 (three) months from the date of receipt of this orders."
46. The challenge to the impugned order dated 22.1.2018 has been made by Manipur Hockey mainly on the ground that the first respondent with an ulterior, preconceived and premeditated motive to cancel the registration of Manipur Hockey has passed the said order. At this juncture, it is pertinent to point out that if a person challenged the order on the ground that with an ulterior and preconceived motive the authority has passed the order, it is his bounden duty of the party who alleged such allegation has to prove the same. But in the instant case, Manipur Hockey has failed to show any material in support of W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 45 their plea that the impugned order has been passed with an ulterior motive.
47. As stated supra, when Manipur Women's Hockey Association and Manipur Hockey Association were the existing registered societies, the registration of similar society under the name and style Manipur Hockey was done, that too after the amalgamation process was initiated. As per Section 10 of the Act, no society shall be registered under a name which is identical with or too nearly resembles the other. In this regard, Rule 13 of the Rules 2004 provides:
"13. Similar or nearly similar names and identification under section 10: When an application for registration is received, it shall be examined in the office of the Registrar of Societies whether societies of similar or nearly similar names have already been registered in the office. Other books of records, which may give a clue to this, shall also be checked up. The same process shall be done when a proposal or decision for change of name of society is in receipt.
Before registration and change of names publications shall be made by the society in the widely circulated local newspapers inviting objection to the registration under the name of W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 46 change of the name. The objections shall be submitted within 15 days from the date of public to the Registrar of societies."
48. The learned senior counsel for Hockey Manipur submitted that as per the report of the Registrar of Societies only 5 days were given after the advertisement for registration of Manipur Hockey before the registration was done. Therefore, as rightly argued by learned counsel for Hockey Manipur, the registration of Manipur Hockey was done in violation of Rule 13 of the Rules of 2004.
49. The learned senior counsel, by placing reliance upon the decision of the Hon'ble Supreme Court in the case of Dhanajaya Reddy v. State of Karnataka, (2001) 4 SCC 9 submitted that where law requires a thing to be done in a certain manner, it has to be done in that manner only and not otherwise.
50. In Dhanajaya Reddy (supra), the Hon'ble Supreme Court held thus:
"23. It is settled principle of law that where a power is given to do a certain thing in a certain manner, the thing must be done in that way or not at all. This Court in State of U.P. v. Singhara Singh, AIR 1964 SC 358 held:
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 47 "A Magistrate, therefore, cannot in the course of investigation record a confession except in the manner laid down in Section 164. The power to record the confession had obviously been given so that the confession might be proved by the record of it made in the manner laid down."
In the instant case, admittedly, before issuance of registration in favour of Manipur Hockey, a clear 15 days period was not given for submission of objections, if any as stipulated in Rule 13 of the Rules of 2004.
51. It is also the submission of learned senior counsel for Hockey Manipur that one should not be enriched by loss or injury to another and person seeking equity must do equity and no litigant can play hide and seek with the Courts or adopt pick and choose method. In support, he has placed reliance upon the decision of the Hon'ble Supreme Court in the case of Kishore Samrite v. State of UP and others, (2013) 2 SCC 398.
52. In Kishore Samrite (supra), the Hon'ble Supreme Court held:
"37. The person seeking equity must do equity. It is not just the clean hands, but also clean mind, clean heart and clean objective that are the equi-
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 48 fundamentals of judicious litigation. The legal maxim jure naturae aequum est neminem cum alterius detrimento et injuria fieri locupletiorem, which means that it is a law of nature that one should not be enriched by the loss or injury to another, is the percept for courts. Wide jurisdiction of the court should not become a source of abuse of process of law by the disgruntled litigant. Careful exercise is also necessary to ensure that the litigation is genuine, not motivated by extraneous considerations and imposes an obligation upon the litigant to disclose the true facts and approach the court with clean hands.
38. No litigant can play "hide and seek" with the courts or adopt "pick and choose". True facts ought to be disclosed as the court knows law, but not facts. One, who does not come with candid facts and clean breast cannot hold a writ of the court with soiled hands. Suppression or concealment of material facts is impermissible to a litigant or even as a technique of advocacy. In such cases, the court is duty-bound to discharge rule nisi and such applicant is required to be dealt with for contempt of court for abusing the process of court. (K.D. Sharma v. SAIL [(2008) 12 SCC 481])."
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 49
53. It is apposite to mention that when Manipur Hockey got registered, the aforesaid two old registered societies were functional and admittedly their registrations were not cancelled. While the aforesaid is the fact, the authority concerned ought not to have registered Manipur Hockey and issued certificate in favour of them on 12.11.2009. In fact, Manipur Hockey by concealing the real facts had obtained the registration in favour of them.
54. At this juncture, learned counsel for Manipur Hockey submitted that Manipur Hockey is the only body affiliated and recognized by the Hockey India and MOA for the sports of hockey in the State of Manipur. According to learned senior counsel for Manipur Hockey, Manipur Hockey is the body which has conducted tournaments at different levels in the State of Manipur and on the other hand, Hockey Manipur has not undertaken not a single activity worth its name and in other words, it exists only in paper.
55. Countering the said submission, the learned senior counsel for Hockey Manipur submitted that many members of Hockey Manipur have been participating in various national and international level hockey matches. Nothing has been produced W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 50 by Manipur Hockey to show that Hockey Manipur is existing in paper only and no activities are undertaken by them.
56. It is true that Manipur Hockey has conducted many tournaments at different levels in the State and equally, Hockey Manipur has also participated in various national and international level hockey matches. That is not the issue to be decided in the present petitions. Therefore, this Court has not delved into the issue qua conducting of tournaments and participation of Hockey Manipur and Manipur Hockey at different levels in the State. Once an identical name exists, whether a society/association can be registered under the identical or too nearly resembles is the point to be considered in this case. In this regard, as stated supra, Section 10 of the Act clearly prohibits registration of such society which is identical with or too nearly resembles. It is the admitted case of Manipur Hockey that at the time of its registration, Manipur Hockey Association and Manipur Workmen's Hockey Association were in existence.
57. It is clear from the material produced, at the time of formation of Manipur Hockey under Section 7(1) of the Manipur Societies Registration Act, 1989, the two societies, namely Manipur Hockey Association and Manipur Workmen's Hockey Association were in existence and, thus, there is gross violation W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 51 of Section 10 of the Act of 1989 in the registration of Manipur Hockey. Finding that Section 11 of the Act provides change of name, the Secretary (Cooperation) has rightly directed the Manipur Hockey to change its name. At this juncture, it is pertinent to mention that Hockey Manipur has been formed by way of amalgamation of the erstwhile Manipur Hockey Association and Manipur Women's Hockey Association under Section 12 of the Act and their amalgamation process started way back in January 2010 i.e. before registration of Manipur Hockey.
58. Due to the existence of Hockey Manipur and Manipur Hockey in the State of Manipur, really it not only causing confusion, and in effect the game of hockey in the State is at stake. Since the Hockey Manipur is an amalgamated of the previous two societies which were registered in the year 1976, it would be appropriate to continue Hockey Manipur in its name for betterment of hockey game in the State of Manipur. Since the registration of Manipur Hockey is in violation of Section 10 of the Act of 1989, the Secretary (Cooperation) has rightly directed Manipur Hockey to change its name and alter its memorandum within three months. The aforesaid view and conclusion arrived at by the Secretary (Cooperation) is in the interest of both Hockey W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 52 Manipur and Manipur Hockey. This Court is of the view that such a conclusion arrived at by the Secretary (Coordination) is based on in depth examination and consideration of the substantive points put forth by both the parties and also taking into consideration that both Hockey Manipur and Manipur Hockey have committed and produced many of the players.
59. In view of the categorical finding arrived at by the Secretary (Cooperation) and the issuance of the impugned order, this Court finds that there is no infirmity in the impugned order dated 22.1.2018. That apart, the ground taken to challenge the impugned order by Manipur Hockey is not sustainable in the eye of law. Therefore, the impugned order dated 22.01.2018 needs to be implemented. As directed by the Secretary in the impugned order dated 22.1.2018, if implementation is done, really no prejudice would be caused to Manipur Hockey. On the other hand, if it is not changed, the concept of amalgamation of two oldest societies as Hockey Manipur is meaningless.
60. For the foregoing discussions, this Court is of the view that the impugned order dated 22.1.2018 has been issued by the Secretary (Cooperation) pursuant to series of orders passed by this Court and the letter correspondence of the W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019 P a g e | 53 respondent authorities. Therefore, there is no ground to interfere with the impugned order dated 22.1.2018.
61. In the result,
(i) W.P.(C) No.916 of 2019 is dismissed.
(ii) W.P.(C) No.724 of 2019 is allowed. The
respondents 1 and 2 are directed to
implement/execute the order dated
22.1.2018 passed by the Secretary
(Cooperation), Government of Manipur and the letter dated 14.1.2019 issued by the Registrar of Societies, Manipur within a period of two months from the date of receipt of a copy of this order.
(iii) Since W.P.(C) No.916 of 2019 is dismissed, the interim order dated 13.11.2019 passed in W.P.(C) No.916 of 2019 and its subsequent extension shall stand vacated.
(iv) No costs.
JUDGE
FR/NFR
Sushil
W.P.(C) No. 724 of 2019 with WP(C) No. 916 of 2019