Manipur High Court
Hanjabam Jayadev Sharma vs The State Of Manipur Represented By Its ... on 5 October, 2021
Author: Kh. Nobin Singh
Bench: Kh. Nobin Singh
[1] IN. 6
IN THE HIGH COURT OF MANIPUR
AT IMPHAL
(Video Conference)
W.P. (C) No. 670 of 2021
Hanjabam Jayadev Sharma, aged about 53 years old,
S/o (Late) H. Brahamahon Sharma, a resident of
Wangkhei Ayang Palli, P.O. Imphal & P.S. Porompat,
Imphal East District, Manipur-795005.
...Petitioner
Vs.
1. The State of Manipur represented by its Commissioner
(Co-operation), Government of Manipur, Old Secretariat,
South-Bock, P.O. & P.S. Imphal, Imphal West, Manipur-
795001.
2. The Commissioner (Youth Affairs & Sports), Government
of Manipur, Old Secretariat, South-Block, P.O. & P.S.
Imphal, Imphal West, Manipur-795001.
3. The Registrar of Societies, Lamphelpat, P.O. & P.S.
Lamphel, Imphal West, Manipur-795004.
4. The Director of Youth Affairs & Sports, Manipur, Khuman
Lampak, Imphal, P.O. & P.S. Imphal, Manipur- 795001.
...Respondents
B E F O R E
HON'BLE MR. JUSTICE KH. NOBIN SINGH
O R D E R
05-10-2021 [1] Heard Shri N. Jotendro, learned Senior Advocate appearing for the petitioner.
[2] According to the petitioner, he was working as the Vice- President of WUSHU Association of Manipur in the year 2018-2019. Due to certain misunderstanding amongst the members, two different groups of the Association had cropped up. Although the WUSHU Association of Manipur was registered in the year 1990, it had been remaining non- functional for years together because of which the valid members [2] remained inexistence in the official record of the office of the Registrar of Societies, Manipur and in the meantime, five members had died and six members became the Government employees.
[3] In view of the above, a representation dated 28-09-2021 was submitted to the Registrar of Societies requesting him to call two representatives from each of the six districts to participate in the election of the federation so that the Committee could be reconstituted in the larger interest of the players and public in general. In the meantime, the petitioner did file an application dated 11-10-2018 to the Registrar of Societies for furnishing copies of the Registration Certificate, Memorandum of Association, Rules and Regulations, Promoter lists and proceedings of the last General Body Meeting etc. After having submitted the said application, the petitioner came to know that except the Registration Certificate, no documents were available in the office. Despite the said application being sent to the former Secretary of the WUSHU Association of Manipur, no reply was given from the Association. [4] In terms of Section 16 & 17 of the Manipur Societies Registration Act, 1989 (hereinafter referred to as "the Act"), every society shall hold the General Body Meeting every year and after the meeting being held, the annual and other returns are required to be forwarded to the Registrar of Societies within thirty days. In respect of WUSHU Association of Manipur, no such report was submitted and as such, no General Body Meeting could be held.
[3][5] Under Section 21 of the Act, the Registrar has got the power to call for information or explanation and after calling such explanation, if the Registrar is not satisfied with the report, he can investigate into the affairs of the society on the information received and after holding such enquiry, the Registrar shall send the report to the Government which may direct the Registrar to move the court for dissolution of the Society. But by skipping all such procedure, the Registrar came to the conclusion that the election should be held on the basis of the defunct list which consists of the names given at the time of registration and as such, the same cannot be treated as valid members. In this regard, an application was submitted by the petitioner on 20-05-2019 which is still pending for consideration by the Registrar of Societies, Manipur.
[6] The Registrar of Societies cannot come to such a conclusion for holding election of the members of the WUSHU Association of Manipur by taking the promoter list alone. Unless the WUSHU Association of Manipur is directed to be reconstituted afresh represented by two members from each six districts, an irreparable loss and injury will be caused to the petitioner. The petitioner submitted a representation dated 28-09-2021 to the Registrar of Societies, Manipur requesting him to constitute a new association before any election being held for the WUSHU association of Manipur.
[7] Being aggrieved by the inaction on the part of the respondents, the instant writ petition has been filed by the petitioner praying for certain [4] directions including the direction to the respondents to consider and dispose of the representation dated 28-09-2021.
[8] When the matter is taken up for consideration, it has been submitted by Shri N. Jotendro, learned Senior Advocate appearing for the petitioner that the instant writ petition can be disposed of by issuing an innocuous order and accordingly, the writ petition stands disposed of with the direction that the respondents and in particular, the respondent No. 3, Registrar of Societies, Lamphelpat shall consider the representation dated 28-09-2021 submitted by the petitioner and dispose of the same within a month from the date of receipt of a copy of this order by issuing a speaking order in respect thereof.
JUDGE
Devananda
NINGOM Digitally signed
by NINGOMBAM
BAM VICTORIA
Date: 2021.10.06
VICTORIA 15:43:16 +05'30'