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Judgment
Om Prakash, J.—List has been revised. None appears for respondent No. 2. We have, therefore heard counsel for the petitioner and the Standing Counsel for respondent No. 1.
The petitioner seeks quashing of the impugned order, dated 2771984 (Annexure XVIII to the writ petition), cancelling registration of the petitionerSociety under Section 12B of the Societies Registration Act, 1860 (briefly �the Act").
Upon perusal of the impugned older it appears that the registration was cancelled on two grounds : (1) that the petitioner failed to comply with the notice, issued under Section 27 of the Act inasmuch as, the list of the members of the managing body and the balance sheet were not furnished, and (2) that the members were admitted under the Rules.
The question for consideration is whether registration of the Society can be cancelled on the aforesaid grounds.
Section 12D of the Act which begins with nonobstante clause run as follows:
(1) Notwithstanding anything contained in this Act, the Registrar may, by order in writing, cancel the registration of any Society on any of the following grounds
(a) that the registration of the Society or of its name or change of name is contrary to tae provisions of this Act, or of any other law for the time being in force ;
(b) that its activities or proposed activities have been or are or will be subversive of the objects of the society or opposed to public policy;
(c) that the registration or the certificate of renewal has been obtained misrepresentation or fraud."
From the impugned order it is manifest that no such ground as envisagd by clauses (a), (b) and (c) of subsection (1) of Section 12D has been stated therein and, therefore, we are of the view that cancellation of registration of the petitioner''s Society is wholly contrary to law and unsustainable.
The cancellation could be ordered only if any of the grounds as stated in clauses (a), (b) and (c) in subsection (1) of Section 12D is made out and for no other reason. No such ground having been set up in the impugned order, the cancellation is clearly bad in law.
For the reasons the petition succeeds and is allowed. The impugned order dated 2671984 (Annexure XVIII to the writ petition) is, therefore, quashed.