Sri Gnanananda Ashram Society & Anr. v. Visakhapatnam, Visakhapatnam District

The complaint of the first petitioner Society and its President, the second petitioner, was that the Registrar of Societies, Government of Andhra Pradesh, Visakhapatnam, the respondent herein, refused to entertain the annual list submitted by them relating to the Office Bearers of the first petitioner Society for the year 2005-06. This Court, by interim order dated 23.08.2005, taking note of the provisions of the Andhra Pradesh Societies Registration Act, 2001 (for brevity, ‘the Act of 2001’), directed the respondent to receive and place on record the annual list dated 31.03.2005 submitted by the petitioners relating to the election of the Office Bearers of the first petitioner Society for the year 2005-06. No counter has been filed though the writ petition has been pending since the year 2005. Section 9 of the Act of 2001 reads to the effect that every year a Society registered under the said Act shall, within fifteen days from the date on which its General Body meeting is held, furnish a list to the Registrar of Societies which shall contain the names and addresses of members of the Managing Committee and Officers entrusted with the management of the affairs of the Society. The first petitioner Society was therefore under a statutory obligation as per the above provision to submit its annual list of elected members. The action of the respondent in issuing the impugned proceeding dated 19.04.2005 stating that there was no provision in the Act of 2001 permitting him to entertain the minutes for filing, is therefore incorrect and unsustainable. The Writ Petition is accordingly allowed setting aside the impugned proceeding dated 19.04.2005 and directing the respondent to discharge his statutory duty as contemplated under Section 9 of the Act of 2001 by receiving the annual list of names and addresses of members of the first petitioner Society for the purpose of record as and when required to do so. There shall be no order as to costs. ____________________ SANJAY KUMAR, J. 9TH FEBRUARY, 2011. VGSR/PGS