South Indian Artistes' Association vs The Registrar Of Societies on 19 June, 2019
80. The plea of discrimination, therefore, is without any tenable
basis. The circumstances in which the enquiry may be held under
Section 36(1) are not spelt out in Section 36(1), while situations
in which the supersession can be effected are laid down in
Section 34-A. The power to order an enquiry under Section 36(1)
is a very wide power. The enquiry may be held by the Registrar
on his own motion or on the application of a majority of the
members of a committee of a society, or on the application of
not less than 1/3 members of the society or at the request of the
District Collector. Such enquiry can be with regard to the
constitution, working and financial condition of the society. This
wide power given to the Registrar to direct an enquiry under
Section 36(1) into the affairs of the society from it's constitution
upto its working and financial condition, is a power which the
Registrar is required to exercise with a view to ensure that the
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W.P.Nos.17583, 31752 & 31755 of 2019 &
connected matters
society functions in accordance with law. The power given to the
Government under Section 34-A to supersede the committee is a
power which is meant to be used in sufficiently grave situations
in the best interest of the society itself, with a view to safeguard
the interest of the society and of it's membeRs. It enables the
Government to act promptly in cases where immediate
intervention is called for, having regard to all the facts and
circumstances of the case and the gravity of the situation.
Section 34-A does not offend Art. 14."