Madras High Court
Bharathi Co-Operative Housing Society ... vs / on 12 February, 2019
Author: G.Jayachandran
Bench: G.Jayachandran
W.P.No.4740 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Reserved on: 29.08.2019 Pronounced on: 04.09.2019
Coram::
The Honourable Dr.Justice G.Jayachandran
Writ Petition No.4740 of 2019
& W.M.P.Nos.5371 & 5374 of 2019
Bharathi Co-operative Housing Society Ltd.,
MSCS/CR/1284/2018,
No.87-A, Perambur High Road,
Perambur, Chennai – 600 011 represented,
by its Chairman, Mr.C.Govindarajulu. ... Petitioner
/versus/
1. The Central Registrar,
Government of India,
Ministry of Agriculture & Farmers Welfare,
Department of Agriculture, Co-operation & Farmers Welfare,
Krishi Bhawan, New Delhi – 110 001.
2. The Registrar of Co-operative Societies,
Chennai – 10.
3. The Registrar (Housing),
Chennai – 600 007.
4. The Deputy Registrar (Housing),
Chennai Region,
18, Ramanathan Street, T.Nagar,
Chennai – 600 017.
5. Mr.G.Mugundhan,
45/57. Venkatesapuram,
New Colony, Main Road,
Kannikapuram, Chennai – 12.
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W.P.No.4740 of 2019
6. Mr.D.Lingesan,
No.1, Joseph Street,
Kannikapuram, Chennai -12. .... Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, to issue Writ of Certiorarified Mandamus, to call for the records
relating to the impugned order of the first respondent in F.No.L-
11016/25/2014-L&M Vol.III dated 12.02.2019 and quash the same and
direct the first respondent to restore the Certificate of Registration dated
18.05.2018 issued to the Petitioner Co-operative Society under the Multi
State Co-operative Societies Act, 2002.
For Petitioner : Mr.P.Rajendran
For R1 : Mr.B.Ramaratnam, CGSC
For R2 to R4 : Mr.Arvind Pandian, AAG-II,
for Asst. by. L.P.Shanmugasundaram
Special Government Pleader
For R5 & R6 : Mr.R.Veeramani
ORDER
Heard the Learned Counsel for the Petitioner and the Learned Counsel for the Respondents.
2. Thiru.C.Govindarajulu, in the capacity as Chairman of Bharathi Co-operative Housing Society Ltd, Chennai has filed this writ http://www.judis.nic.in 2/26 W.P.No.4740 of 2019 petition challenging the order of the Central Registrar, Co-operative Societies, New Delhi dated 12.02.2019 declaring the Registration Certificate issued to the petitioner/Society on 18.05.2018 as null and void ab-initio.
3. The background for issuing the order which is impugned is narrated below in brief:-
Bharathi Co-operative Housing Society Limited was registered as a Society under the Tamil Nadu Co-operative Societies Act in the year 1977. The Board of the said society on 29.07.2016 resolved to convert the Society as a Multi-State Society since its area of operation extended beyond Tamil Nadu, particularly Karnataka. The bye-law of the Society was accordingly amended and the proposal was forwarded to the Central Registrar, Co-operative Societies, New Delhi. The views of the respective state Registrars were called for by the Central Registrar. While the Registrar of Karnataka State Co-operative Societies gave his No objection, unconditionally vide letter dated 19.03.2018, the Registrar of Tamil Nadu State Co-operative Societies in response to the request of the Central Registrar, offered his remarks vide his letter dated 28.02.2018 as below:-
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2. On perusal of the request of the society, and the recommendation of the Deputy Registrar (Housing) Chennai a “No objection” is issued to the Bharathi Co-operative Building Society for conversion into a “Multi State Co-
operative Society” with its headquarters at Tamil Nadu with the following conditions.
i. Permission accorded to the Society to sell out plots comprising 76,954 sq.ft in total in Survey No.85/1, 86/1, 86/2 in “Lyon Grant” Village, Madhavaram Taluk, Thiruvallur District, Chennai – 52, after fixation of upset price in the “Pricing Committee” constituted for this purpose with certain terms and conditions. As per the report of the Bharathi Co-operative Building Society in the reference 5th cited, the society should sell the unsold 17 regular plots within a month's time. The balance 11 irregular shaped plots should be sold following due procedures laid down in the order of Registrar of Co-operative Societies (Housing) (copy enclosed).
The area of operation of the society with regard to Tamil Nadu shall be as existing mentioned in para (i) subpara (III) ii. In order to have the existence of the: “Multi State Co-operative Society” with Chennai (Tamil Nadu) as headquarters, the Sale proceeds of these plots should be invested with the Tamil Nadu Co-operative Housing Federation. Initially it should be invested for a minimum period of two years.
http://www.judis.nic.in 4/26 W.P.No.4740 of 2019 iii. The Society should invest the amount due of Rs.65,723/- (General Provident Fund Contribution to its employees) for the year 2016-2017 with the Tamil Nadu Cooperative Housing Federation.
iv. With regard to payment of salary, gratuity etc to the former employees, the dues as on 31.03.2018 should be remitted to the Tamil Nadu Co-operative Housing Federation immediately.
v. Society should not transact or carry out any business or transaction during the transit period i.e; from the date of issue of this letter till the receipt of order for conversion Mulit-State Co-operative Societies Act except for salary and other contingencies.
vi. Audit defects pointed out for the year 2015-2016 should be rectified.
vii. Audit should be carried out by Assistant Director of Co-operative Audit (North) till the issue of Order/Commencement of Society under Multi State Co- operative Societies Act and copy to be communicated to Deputy Registrar (Housing) Chennai Office.
4. As follow up, the petitioner Society has sent a letter to the Central Registrar stating that the conditions imposed by the State Registrar vide his letter dated 28.02.2018 has been rectified and letter http://www.judis.nic.in 5/26 W.P.No.4740 of 2019 has been sent to the State Registrar reporting compliance. The details of the rectification and clarification were also listed in this letter addressed to the Central Registrar. On receipt of the letter of the petitioner, on 22.03.2019 the Office of the Central Registrar has responded to the petitioner through its letter dated 17.04.2018 stating that the examination of the proposed bye-laws of the Society exposes deficiencies mentioned therein. Further, the Registrar of Co-operative Society, (RCS) Tamil Nadu has given NOC with some conditions. Now the Society informs that they have fulfilled the same and accordingly compliance report has already been sent to the RCS, but no documentary evidence in this regard has been furnished by the Society. Therefore, directed the Society to rectify the deficiencies pointed out in the bye-laws and also furnish documentary evidence regarding fulfilment of the direction of RCS, Tamil Nadu.
5. The petitioner Society through letter dated 15.05.2018, enclosed the copy of its letter dated 20.03.2019 in vernacular language sent to the RCS Tamil Nadu and requested the Central Registrar to issue Registration Certificate since, the society has corrected the bye-laws as directed. Accepting the same, the Central Registrar has issued Certification of Registration on 18.05.2018 converting the petitioner http://www.judis.nic.in 6/26 W.P.No.4740 of 2019 society as Multi-State Society.
6. Pending application for conversion, the Election to Co- operative Societies in the State of Tamil Nadu was notified and Model code of conduct came into force from 05.03.2018. The Election for the post of Directors in the petitioner society held as per the State Act and election notification. The Election of the Office bearers was conducted on 27.04.2018. The term of the Board expired on 08.05.2018. However, due to the order passed by the Supreme Court in SLP No.10051 to 10059 of 2018 on 20.04.2018, the results were not declared by the Election Commission. Later after disposal of the above said SLP on 07.05.2019, the Deputy Registrar (Housing) vide his letter dated 06.08.2018 permitted the respondents 5 and 6 to assume Office as President and Vice-President of the Society.
7. While so, based on the conversion certificate issued by the Central Registrar, on 18.05.2018, General Body Meeting was convened and the election for the Society as per Multi-State Co-operative Societies Act, 2002 was conducted. Thiru. D.Udayakumar, Retired Joint Registrar of Co-operative Society as Returning Officer declared Thiru.C.Govindarajulu as Chairman and Thirumathi B.Sangeetha Bhaskar http://www.judis.nic.in 7/26 W.P.No.4740 of 2019 as Vice-Chairman on 27.07.2018 to hold Office for a term of 5 years from 25.07.2018 to 24.07.2023.
8. Thus, a piquant situation, for one Society two Boards had arose. One board represented by 5th and 6th respondents elected as per State Act, pending proposal for conversion into Multi State society and another board represented by the petitioner elected after conversion into Multi-State Society as per Central Act.
9. Meanwhile, on 25.07.2018, when the RCS, Tamil Nadu came to know about the conversion certificate issued by the Central Registrar has informed latter that the society has not fulfilled the conditions imposed therefore, the conversion of the petitioner Society into Multi-State Society has to be cancelled. Under these circumstances, two Writ Petitions W.P.No.20916 of 2018 and 21802 of 2018 were filed for the following relief:
Prayer in W.P 20916/2018: to issue a Writ of Certiorari to call for the records relating to the impugned order of the third respondent in proceedings No.Na.Ka.286/2018/C, dated 06.08.2018 and quash the same. http://www.judis.nic.in 8/26 W.P.No.4740 of 2019 Prayer in W.P. 21802/2018: to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned purported proceeding No.L11016/25/2014-L & M, dated 18.05.2018 of the 5th respondent in converting of petitioner's building society into Multi State Co-operative Society by renaming it as Bharathi Co-operative Housing Society Ltd by assigning registration No.MSCS/CR/1284/2018 and quash the same as illegal, arbitrary, fraudulent, without jurisdiction and contrary to act and rules made there under and forbear the 6th respondent or any persons claiming officer under the impugned proceedings issued by the 5th respondent from interfering with the petitioner's housing society orders.
10. In these two Writ Petitions, after hearing the Counsels for the parties concern, this Court has passed a common order on 27.11.2018 as below:-
8. In the above circumstances, as of now, the matter is pending with the fifth respondent/ Central Registrar, for considering the request made by the State Government to cancel the registration, the fifth respondent/ Central Registrar is directed to conduct enquiry after issuing notice to the petitioner in both the writ petition and also other interested parties and pass suitable orders on merits and in accordance with law within a period of 8 weeks from the date of receipt of a copy of this order. W.P.No.21802 of 2018 is disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.
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9. So far as the prayer sought for in the writ petition in W.P.No.20916 of 2018 is concerned, as the society has been converted into Multi State, operative societies as early as on 18.05.2018, the third respondent has no power to pass any order . Hence, the impugned order in W.P.No.20916 of 2018 is set aside and the W.P.No.20916 of 2018 is allowed. Any election conducted to the Society under the Tamil Nadu State, operative Societies will be subject to the order that may be passed by the Central Registrar regarding the cancellation of the registration of the Society. No costs. Consequently, connected miscellaneous petitions are closed.
11. Pursuant to the above order passed by this court, the Central Registrar has conducted enquiry and passed order on 12.02.2019 which is impugned in this writ petition.
12.Contention of the petitioner:
The order of the Central Registrar is impugned broadly on the following grounds:-
a). The Society after being duly registered as a Multi-State Society as per section 22 after being satisfied that the society fulfils the requirements and in accordance with the provisions contained in Sub-
section (4) of Section 11 of the MSCS Act, then the Central Registrar cannot cancel the registration for any other reasons except the reasons http://www.judis.nic.in 10/26 W.P.No.4740 of 2019 stated in Section 21 of the MSCS Act. The Central Registrar is aware of the legal position. That is why, even though the RCS of Tamil Nadu sought for cancellation of the registration, the Central Registrar declared the conversion null and void ab initio. Such a declaration is without jurisdiction and nowhere contemplated under the law.
b). The Central Registrar failed to consider the grounds raised by the petitioner in the written submission dated 04.01.2019. The Act envisages only ‘consultation’ with the respective State Registrars in case conversion into Multi-State society. The word consultation cannot be construed as ‘consent’. In this case the Registrar of Co-operative societies, Tamil Nadu expressed its view on 28.02.2018. After receipt of the RCS view, the Central Registrar has exercised his power under Section 22 of the MSCS Act and issued registration certificate on 18.05.2018. Once the amendment of bye-laws are accepted and registered as Multi-State society, from the date on which Registration Certificate issued, the society becomes a Multi-State Society and the Act and Rules of MSCS will alone apply.
c) If at all, any irregularity in the administration of the society found before conversion, the erstwhile Office bearers alone are liable to http://www.judis.nic.in 11/26 W.P.No.4740 of 2019 answer and the new office bearers, who are elected as per section 45 of the MSCS Act, 2002 cannot be held responsible. The alleged irregularities commit by the erstwhile Board of Directors cannot be a reason for cancelling the Multi-State registration.
12. The learned counsel for the petitioner, to buttress his submissions, also contented that the impugned order of declaring the conversion null and void ab initio is based on the observations made in paragraph Nos. 6 to 8 of the impugned order. Those paragraphs does not speak about anything which would attract Section 21 of the MSCS Act to cancel the registration. Further, the respondents through their counter affidavits try to supplement the reasons for issuing the impugned order which is reprimanded by the Courts time and again starting from constitution bench of the Hon’ble Supreme court in Mohinder Singh Gill and another Vs. The Chief Election Commissioner, New Delhi and others reported in 1978 (1) SCC 405.
13. Besides the Counsel also rely upon the following judgments in support of his submissions.
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1). Hindustan Petroleum Corporation Limited Vs. Darius Shapur Chenai and others reported in 2005(7) SCC 627.
2). State of Punjab Vs. Bandeep Singh and others reported in 2016 (1) SCC 724.
14. Contention of the Respondents:
The 1st respondent, in the counter affidavit has stated that the request for conversion was accepted and registration certificate was issued on 18.05.2018 based on the letter of the petitioner Society enclosing 4 copies of its rectified bye-laws and compliance report in which it has stated that it has complied the conditions imposed by RCS, Tamil Nadu and same also intimated on 20.03.2018. Since no adverse report received from the respondents, the petitioner society was converted into Multi-State Co-operative Society vide order dated 18.05.2018. Later, pursuant to the direction of the High Court in W.P.No.21802 of 2018 and W.P.No.20916 of 2018, enquiry was conducted, affording personal hearing.
15. The conversion certificate for the petitioner Society was issued based on the information given by the petitioner that, they have http://www.judis.nic.in 13/26 W.P.No.4740 of 2019 fulfilled the conditions imposed by the RCS, Tamil Nadu (3rd respondent). Especially NOC was issued by 3rd respondent on conditions. When the 3rd respondent came to know that the petitioner Society has not fulfilled the conditions but wrongly informed the 1st respondent that they have fulfilled the conditions, the registration certificate issued was declared null and void.
16. The respondents 2 to 4, in the counter, point out that after the expiry of their term, the erstwhile Office bearers of the society continue to correspond with the 1st respondent without any intimation or knowledge of the 3rd respondent which is the controlling authority of the petitioner Society. With misleading information they got the conversion certificate on 18.05.2018. They have taken decisions touching upon the finance and other policy matters while election model code of conduct was in force. They unauthorizedly sold plots to the members of Simpson Employees Cooperative Society on 16.05.2018, after the expiry of their term. Selling and registering plots to newly admitted members between 28.02.2018 and 18.05.2018 in violation of conditions imposed while granting conditional NOC prompted this respondent to seek for cancellation of registration.
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17. The 1st respondent taking note of the suppression of facts, lack of locus standi for the petitioner to pursue the resolution for conversion after expiry of their tenure and financial irregularities committed by the petitioner during the pendency of conversion request had rightly declared the conversion as null and void.
18. The 5th and 6th respondent would content that the petitioner has no locus to sustain this writ petition. Petitioner has committed fraud on the Court and by misrepresentation obtained the conversion certificate. The sale of plots to new members after model code of conduct came into force has led to cancellation of the Multi-State Co-operative Society registration. This court, pending writ petition has appointed a Court Administrator to look after the day-to-day affairs of the Society. The first respondent was not even apprised by the petitioner about the notification of election and force of model code of conduct. By sending a communication in vernacular language with English caption “compliance report”, the petitioner duped the 1st respondent and got the conversion as if they have complied the deficiencies noted by the 3rd respondent in its letter of consent dated 28.02.2018. Cancellation of registration exercising inherent power vested with the Central Registrar as per the General-Clauses act. Further, fraud vitiate all solemn act. http://www.judis.nic.in 15/26 W.P.No.4740 of 2019 Hence the first respondent has rightly declared the conversion null and void ab-intio.
19. The counsels for the respondents rely upon the following judgments to substantiate their submissions.
1). Vice-Chairman, Kendriya Vidyalaya Sangathan and another Vs. Girdharilal Yadav reported in (2004) 6 SCC 325.
2). Devendra Kumar Vs. State of Uttaranchal and others reported in 2013(9) SCC 363.
3). Delhi Development Authority Vs. Bankmens Co-operative Group Housing Societies Ltd reported in (2017) 7 SCC 636.
4). Atowar Rahman Vs. State of Assam and others reported in 2018 SCC OnLine Gau 1575 : AIR 2019 Gau 3 (FB)
20. The Learned Counsel for the petitioner relying upon Sections 11(4), 21, 22 and 45 of the Multi-State Co-operative Societies Act, 2002, emphasis that there is no provision in the Act to nullify already granted Registration. Further, the reason for the 3rd respondent to revoke its “No objection” for conversion is baseless. Despite proper explanation given by the petitioner, the first respondent has nullified the http://www.judis.nic.in 16/26 W.P.No.4740 of 2019 Registration without due consideration of the explanation dated 04.01.2109.
21. In the MSCS Act, there are provisions for registration of a fresh society as Multi-State Society, conversion of an existing State society as Multi-State Society on request after consulting the state society and supersession of a registered Multi-State society on certain circumstances. There is no provision for cancellation, revoke or nullify the registration granted. Recently, when a identical issue came up before the Gauhati High Court, the Full Bench of the Gauhati High Court (AIR 2019 Gau 3 (FB) in response to the reference summed up as below:-
(i). an order of cancellation of certificate of registration (CoR) that had been granted under Section 3 of the Societies Registration Act, 1860, is an order within the meaning of “orders” under Section 21 of the General Clauses Act, 1897 and that of Section 23 of the Assam General Clauses Act, 1915.
(ii). an order of cancellation of certificate of registration (CoR) by the Registrar of Societies is neither a legislative nor a quasi-judicial order but purely an administrative order.
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(iii). an order of the Registrar of Societies cancelling a certificate of registration on a complaint and after giving opportunity of hearing to the contending parties, is an act of expediency and not a quasi-judicial act dictated by rules.
(iv). The provision of section 21 of the General Clauses Act and/or section 23 of the Assam General Clauses Act, in the absence of an express power of cancellation of certificate of registration (CoR) under the Societies Registration Act, is available empowering the Registrar to order cancellation, as above.
22. Therefore, notwithstanding absence of specific provision to nullify the registration, inherently such power is implicit. This is the underlying Principle under clause 21 of the General Clauses Act. However, such inherent power cannot be exercised whimsically. It shall be exercised following the Principle of natural justice and only if there is unimpeachable reason for exercising the said power.
23. In this case, the first respondent has exercised the said inherent power after receiving the request for the State Registrar intimating about the suppression of facts and financial irregularities committed by the petitioner during the pendency of the conversion request. The impugned order though refer about the financial http://www.judis.nic.in 18/26 W.P.No.4740 of 2019 irregularities alleged by the 3rd respondent and response of the petition, it has not discussed the irregularities individually or the explanation given by the petitioner for those allegations. The first respondent has passed the order primarily on the ground that, the compliance report of the petitioner alleged to have sent to the 3rd respondent was in local language and they have not intimated the office of the first respondent in express manner specifically that they have fulfilled all the terms and conditions of RCS (Housing) Chennai, Government of Tamil Nadu.
24. The pre-conditions imposed by the 3rd respondent in its letter dated 28.02.2018 are extracted above. Though the petitioner claims that they have rectified the deficiencies and complied, they did not produce documents to support the claim. Hence, the first respondent, on 17.04.2018 asked for production of documentary evidence. The petitioner has sent the copy of the compliance report in local language the 3rd respondent as documentary proof. In the letter, the petitioner has not really complied the deficiencies but sought time to comply the conditions noted in the letter 28.02.2018. Further, without any authority when the model code of conduct in force, the petitioner has indulged in selling and registering the plots to members who were admitted pending conversion process.
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25. As pointed out by the learned counsel for the 5th and 6th respondents, the petitioners have committed fraud and duped the first respondent. They have committed gross violation of the restriction imposed by the 3rd respondent on the petitioner during the pendency of conversion application. Without unconditional, No objection letter from the 3rd respondent, the first respondent has granted the Registration Certificate on 18.05.2018, believing the representation of the petitioner vide its letter dated 15.05.2018 that they have complied all the conditions imposed by the 3rd respondent. The copy of the alleged compliance report dated 20.03.2018 being in local language the first respondent did not know that the said letter dated 20.03.2018 though captioned as “Compliance Report to RCS,(Housing) Tamil Nadu it is only an intimation by the petitioner to the 3rd respondent about the action taken by the petitioner to comply the conditions and carrying assurance that within one month time they will try to sell the plots. Mislead by the caption in English, the first respondent has accepted conversion and issued registration certificate. The impugned order therefore reads as below:-
6. In the NOC given by the RCS (Housing), http://www.judis.nic.in 20/26 W.P.No.4740 of 2019 Chennai, Government of Tamil Nadu, dated 28.02.2018, one of the conditions is that “society should not transact or carry out any business or transaction during the transit period i.e. From the date of issue of this letter till the receipt of the order for conversion of the MSCS Act, 2002 except for salary and other contingencies.” The NOC was issued with the above conditions on 28.02.2018 and the Society was converted as a Mult-State Co-operative Society vide CRCS order dated 18.05.2018.
7. Whereas, during the above intervening period, the Board of petitioner Society has taken a decision to rectify the bye laws and furnished four copies of the same to the Central Registrar for registration by conversion as a Multi-State Co-operative Society under the MSCS Act, 2002 vide its letter dated 15.05.2018 from which, it is evident that they are not authorized to do so as per the NOC granted by the RCS (Housing), Chennai, Government of Tamil Nadu.
8. The Society vide its letter dated 15.05.2018 has also informed that the compliance report for the terms and conditions with regard to NOC issued by the RCS (Housing), Chennai, Government of Tamil Nadu had been sent to them on 20.03.2018. However, this report was in local Language and it is evident that the Society did not communicate to this Office, in express manner specifically that they have fulfilled all the terms and conditions of RCS (Housing), Chennai, Government of Tamil Nadu.
On the perusal and appreciation of all the records, http://www.judis.nic.in 21/26 W.P.No.4740 of 2019 files, writ petitions, orders of the Hon'ble High Court and the oral arguments of the petitioner as well as respondents and the written submissions filed by them, and in view of the facts in Para Nos.6 to 8 above, the registration certificate issued to the above Society as a Multi-State Co-operative Society under the provisions of the MSCS Act, 2002, deserves to be declared null and void ab initio and the same is hereby withdrawn.
26. The petitioner contention that impugned order is silent about the allegations of the 3rd respondent and the explanation of the petitioner regarding financial and other irregularities are not so relevant when the impugned order clearly indicates that the state RCS has not given unconditional NOC and the condition mentioned in NOC not rectified. But then, the petitioner has mislead saying they have complied. When the same come to the knowledge of the first respondent, after affording opportunity to explain, the registration was declared void ab initio. The order is perfectly legal and sustainable since, the order has been obtained by suppression of several facts. To list few:-
1). the petitioner term expired on 08.05.2018. Thereafter, they should not have communicated to the first respondent on behalf of the Society
2). The letter dated 15.05.2018 was after the election to the http://www.judis.nic.in 22/26 W.P.No.4740 of 2019 Society conducted as per the State Act and the petitioner was not the Office bearers on that date. At least, the petitioner should have informed the first respondent about this fact so that, the first respondent would have taken a conscious decision.
3). The letter of the petitioner addressed to the 3rd respondent on 20.03.2018 is not a compliance report, it is only a letter intimating about the progress in the Society towards compliance of conditions.
27. Under the MSCS Act, in the process of conversion “consultation” of the State Registrar and not “concurrence” is required. But then, the consultation process is not an empty formality. It must be a purposive consultation. The Central Registrar should ensure whether the proposed society have membership in more than one state and he should ensure whether the said Society is operating in compliance with the provisions of the State Act without any adverse remark.
28. In this case, the State RCS has not given NOC in true sense, it is only a conditional NOC. At no point of time the petitioner has produced documents to prove that the deficiencies pointed by the 3rd respondent in its conditional NOC dated 28.02.2018 has been complied. http://www.judis.nic.in 23/26 W.P.No.4740 of 2019 Therefore, the letter dated 15.05.2018 giving an impression to the first respondent that conditions complied and also intimated to the 3rd respondent is per se a misleading communication by a person whose tenure already expired and election for new board completed. In the order of the first respondent it is not necessary that for all the grounds raised, the authority should answer. For any one good reason, the Authority holds that the conversion done without disclosing the correct state of affair, the said one reason is sufficient to pass order of cancellation. For the reason of suppression of fact, the first respondent has declared the registration null and void ab initio. On perusal of the records, this court endorse the order as right and just.
29. In the result, for the reasons stated above, the Writ Petition is dismissed. No costs. Consequently, connected Miscellaneous Petitions are closed.
04.09.2019
bsm
Index :Yes/No
Internet :Yes/No
To,
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W.P.No.4740 of 2019
1. The Central Registrar,
Government of India,
Ministry of Agriculture & Farmers Welfare,
Department of Agriculture, Co-operation & Farmers Welfare, Krishi Bhawan, New Delhi – 110 001.
2. The Registrar of Co-operative Societies, Chennai – 10.
3. The Registrar (Housing), Chennai – 600 007.
4. The Deputy Registrar (Housing), Chennai Region, 18, Ramanathan Street, T.Nagar, Chennai – 600 017.
Dr.G.Jayachandran,J.
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