The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK WA No.564 of 2025 …. Sanjay Kumar Naik and others Appellants Mr. Pratik Nayak, Advocate -versus- State of Odisha and others Respondents Mr. Bimbisar Dash, Additional Government Advocate Ms. Pami Rath, Senior Advocate along with Mr. P. Mohanty, Advocate for Respondent No.2 …. CORAM: THE HON’BLE THE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN Order No. ORDER 14.07.2025 05. This matter is taken up through Hybrid mode. 2. The writ appeal is filed by the appellants assailing the judgment dated 23rd December, 2024 passed by the Single Bench in WP(C) No.43100 of 2023, whereby and whereunder the certificate of registration obtained by the appellants was quashed, cancelled and set aside being an outcome of malice and contrary to the several provisions of the Societies Registration Act, 1860 and the Odisha Societies Registration Rules, 2023. 3. At the initial stage of the admission of the instant appeal,
Legal Reasoning
Mr. Pratik Nayak, learned counsel appearing for the appellants attempted to give a different dimension to the facts and invited the attention of the Court that the Court has proceeded to pass an order nullifying the order passed in an earlier writ petition, which is impermissible in law. Page 1 of 6 4. We have been taken to the order passed in an earlier writ petition being WP(C) No.18420 of 2023, wherein the Single Bench disposed of the said writ petition on 8th June, 2023 directing the authority to consider and dispose of the complaint being Annexure- 3 therein, which is essentially a complaint under Section 12-D of the Societies Registration Act, 1860 (for short, “the Act”). Simultaneously, the Court passed a preventive order that no election to the Executive Committee of Utkal Cine Chambers of Commerce be undertaken until a final decision is taken in a proceeding under Section 12-D of the Act. 5. The subsequent writ petition, which is disposed of by the impugned judgment initiated by the respondent no.2 herein, was in relation to a registration of a Society with the same name and nomenclature when the earlier Society so registered within the knowledge of all the parties has not expired by efflux of time. Apart from the same, a proceeding under Section 12-D of the Act is pending before the competent authority in respect of the said Society and, therefore, the order dated 8th June, 2023 passed in WP(C) No.18420 of 2023 has to be construed and interpreted in the perspective of the said fact. The cause of action for both the writ petitions are distinct and different and, therefore, the contention of the appellants that the Single Bench in fact set aside the order passed in the aforementioned writ petition does not hold water. 6. By the impugned judgment, the Single Bench proceeded to hold that the registration of the Society formed by the appellants when the same Society had already been registered and the validity period has not expired, it offends the several provisions of the Page 2 of 6 relevant statute, which cannot be said to have nullified the order passed by the Court in an earlier writ petition. 7. Our attention is drawn to the various provisions of the Act, more particularly the Societies Registration (Odisha Amendment) Act, 1958 having brought by the Legislature as a piece of Legislation, where even Section-1 of the Central Legislation has taken a different shape and form in exercise of the Legislative powers conferred upon the State. Section-1 of the said Act bestowed power upon the State to appoint a person to be called as Registrar of the Societies to exercise such powers and perform such duties and functions as conferred by or under the provisions of the Act, subject however, to the general and special orders as the State Government from time to time make. Such appointment of the authority shall be done by notification duly published in the Official Gazette and in addition to the same, for the purpose of smooth functioning as entrusted, the State Government may appoint one or more Additional Registrars to exercise such power within the local jurisdiction as may be assigned by the State Government. 8. Section-3 of the Act as substituted by the Societies Registration (Odisha Amendment) Act, 2021 postulates that upon the payment of such fees, as may be notified by the Government, and on submission of such memorandum and the certified copy being filed, the Registrar of the Societies shall certify under his seal that the Society is registered under this Act. Sub-section (2) of Section-3 provides a lifespan of the said certificate, which is five years from the date of the said issue and Section-3B relates to renewal of the certificate of Registration after the expiration of the period provided in sub-section(2) of Section-3 as inserted by the Page 3 of 6 said Odisha Amendment Act subject to the fulfillment of the conditions stipulated therein. Sub-section (4) of Section-3B, which in our opinion, has remotest nexus to the cause of action pleaded in the writ petition, wherein the Registrar of Societies may refuse to renew the certification of registration on satisfaction that any of the grounds enumerated under Section 12-D as inserted by the Odisha Act No.6 of 2013 exists, but such power of refusal to renew the certificate of registration on the above grounds can only be passed after giving an opportunity of hearing to the interested parties. 9. It is not in dispute that a complaint under Section 12-D of the Act has been filed and in the earlier writ petition, as aforesaid, an order was passed to dispose of the same within a stipulated time and till such decision is taken, there should not be any election of the Executive Committee of the Society. Till date the Registrar of
Decision
the Societies has not disposed of the proceeding under Section 12-D of the Act and in view of the interdict as passed by the Court in an earlier writ petition, the Society would remain as it stood on the date of the said order, as no further election could be held in respect of the Executive Committee. 10. The appellants being the beneficiaries of the said order, approached the Registrar of Societies to get the Society registered in the same and identical name and it is a matter of concern that the Registrar of Societies, who is in seisin of the dispute raised under Section 12-D of the Act, proceeded to issue the certificate of registration. Section 3-A of the Societies Registration Act creates a complete embargo in registering the Society having a name identical with or so nearly resemble the name by which any other existing Society has been previously registered under the Act. Page 4 of 6 11. As indicated above, the validity of the Society registered earlier, in which a proceeding under Section 12-D of the Act is pending, the Society at the behest of the appellants is registered in the same name. There is no noticeable distinction in the name of the Society, even the alphabetical letters are identical and same. A shelter is sought to be taken that the said Society subsequently registered, was in fact re-registration of the Society contemplated under Rules 3 and 7 of the Odisha Societies Registration Rules, 2023, which does not appear to the Single Bench to be in consonance therewith. 12. None of the provisions contained in the substantive Act as well as the subordinate legislation framed in the form of the Rules contained any powers relating to re-registration of the existing Society, but postulates the renewal of the certificate of registration. Rules 3 & 7 of the said Rules is the repository of powers conferred upon the Registrar of Societies in the substantive Act to be exercised in the manner, as indicated therein, but does not confer any special powers for being exercised de hors the provisions of the substantive Act. The subordinate legislation cannot override or nullify any provisions of the substantive Act and in the event, it is found that the subordinate legislation is contrary to the substantive provisions of the parent Act being the source of its existence, there is no fetter on the part of the Court to declare such legislation as ultra vires. 13. We do not intend to go into deep as we do not find that Rules 3 and 7 of the Odisha Societies Registration Rules, 2023 have supplanted the substantive provisions of the Act, but appears to be supplementing the same and both are in existence and operate in Page 5 of 6 tandem. On a bare reading of the language employed in Rules 3 and 7 of the said Rules, it is preposterous to construe the same in the manner as sought to be interpreted that the Registrar of the Societies is competent enough to grant re-registration. The certificate of registration also does not indicate the re-registration of existing society, but registration of a society afresh on the basis of an application and the moment it is found that such registration is identical and similar in name, it comes within the ambit of the prohibition imposed under Section 3-A of the Act. 14. We, thus, do not find any infirmity and/or illegality in the impugned judgment. The writ appeal sans merit, dismissed as such. Pending Interlocutory Application(s), if any, are disposed of accordingly. (Harish Tandon) Chief Justice (M.S. Raman) Judge MRS/Laxmikant Signature Not Verified Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 16-Jul-2025 14:45:30 Page 6 of 6