Delhi HC Bats For Nat'l Database For Registrars To Check Existing Registered Societies While Granting New Registrations & Avoid Identical Names

The Delhi High Court has said that a national database of Societies may have to be created and access of the same would have to be provided to all the Registrars across the country in order to check the existing Registered Societies, while granting registrations to new ones.

Justice Pratibha M Singh was also of the view that there is an imminent need to consider amendments in the Societies Registration Act, 1860, as it applies to Delhi, for including provisions to safeguard the rights of third parties who may have grievances with the grant of registration to a particular society.

The observation was made with respect to grant of registration to societies having names that are identical or deceptively similar to those societies that are already existing.

"Unfortunately, the Societies Registration Act, 1860, as applicable to Delhi, does not have a specific provision for non-registration of a name which is already registered. Such provisions exists in the states of Assam, Goa, Daman and Diu, Gujarat, Maharashtra etc., which have enacted amendments to the Societies Registration Act, 1860 to incorporate the same," the Court said.

The Court further said that in states like Uttar Pradesh, the Registrar of Societies has been vested with the power under sec. 12D to cancel the registration of any society on the ground of the registration of the name being contrary to the provisions of any law or if the activities of the society are opposed to public policy, or if registration or renewal obtained by fraud.

"Such provisions need to exist in order to make available quick and efficient remedies for persons who are aggrieved by the registration of any Society which may be wrongly registered with an identical or deceptively similar name," the Court said.

The Court reasoned that such provisions are necessary in the Societies Registration Act, 1860 in order to maintain the sanctity of the 'Register' of Societies, which could be abused by obtaining wrong and deceptive registrations.

It was also observed that the Registrar of Societies ought to be an authority which exercises the responsibility of granting registrations to a society after at least doing a basic check as to whether a society with an identical or similar name exists or not.

"Accordingly, let a copy of the present judgment be sent to the Principal Secretary (Law, Justice and Legislative Affairs), Delhi Government- Mr. Sanjay Kumar Aggarwal, as also to the Secretary, Ministry of Law and Justice, Government of India- Mr. Anoop Kumar Mehndiratta, for consideration of the above and for taking appropriate measures," the Court ordered.

The aforesaid directions came while the Court was dealing with two petitions challenging the registration of identically named organisations under the Societies Registration Act, 1860.

The main question before the Court was whether the Registrar of Societies has the power to cancel the registration of a society, under the Societies Registration Act, 1860.

Perusing the statutory scheme of the Act, the Court was of the view that in Delhi, no amendment permitting the Registrar to cancel the registration of a society has been enacted. The Court accordingly dismissed the petitions.

Appearance: Advocates Sardavinder Goyal, Sarwinder Goyal, Raj Selwan and Anil Goel appeared for the petitioners. Advocates Mrinalini Sen Gupta, Kritika Gupta, Anand Yadav and Harish Vaidyanathan appeared for the respondents.

Case Title: THE INDIAN VETERINARY ASSOCIATION (REGD) v. GOVT OF NCT DELHI & ORS

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