AI Structured Summary
Not yet generated for this judgment
Judgment
M. Katju, J.—This writ petition has filed against the impugned order dated 3031996 Annexure2 this writ petition. By this order petitioners application for registration has been rejected by the Deputy Registrar.
I have heard Sri Ashok Khare learned counsel for the petitioner and learned Standing counsel. Since there is no factual controversy in this case. I am disposing off this petition, Sri Khare has invited my attention to Section 3B of the Societies Registration Act which reads as follows :
�35. Reference to the State Government. If any question arises whether any society is entitled to get itself registered in accordance with Section 3 or to get its certificate of registration renewed in accordance with Section 3A, the matter shall be referred to the State Government, and the decision of the State Government thereon shall be final�.
A perusal of the said provision indicates that if any question arises whether any society is entitled to get itself registered the matter shall be referred to the State Government. It follows that while the Registrar can register a society he can not reject the application (unless the application is wholly frivolous) and he must refer the matter to the State Government. Hence the impugned order dated 3031996 is in violation of Section 3B and is hereby quashed. However, it is open to the Registrar or Deputy Registrar as the case may be to refer the matter to the State Government.
The Writ Petition is allowed.
No order as to costs