JUDGMENT The Court: - The petitioner in this art.226 petition dated September 13, 2011 is seeking the following principal relief: “a) A Rule in the nature of Mandamus do issue commanding the respondents 1 to 4 their servants, agents, subordinates and each one of them for quashing the subsequent registration of society Guru Prasad Chowdhury Lane Palli Bassi Brindo of 52, Guru Prasad Chowdhury Lane, Kolkata 700 006 as referred to in annexure “P”-5 above bearing Registration No.S/1L/ 77480 of 2010-11 dated 28th January, 2011;” 2. Mr Ghosal appearing for the petitioner has submitted as follows. The petitioner was registered under the West Bengal Societies Registration Act, 1961 on December 17, 2009 under the name using which it has filed this petition. Having learnt that certain people including the private respondents wrongfully got their society registered under a similar name on January 28, 2011, the petitioner lodged a complaint with the Registrar. 3. Considering the complaint, the Registrar issued an order dated June 20, 2011. 4. Relevant parts of the order of the Registrar dated June 20, 2011 are quoted below: “This is to inform you that the name of your society which was registered on 28/01/2011 bearing Registration No.S/1L/77480 is similar to the name of a society registered earlier under the West Bengal Societies Registration Act, 1961. Hence, the name of your society is required to be changed under section 10 of the West Bengal Societies Registration Act, 1961. You are therefore requested to take necessary action to change the name of your society within 30 days from issue of this letter.” 5. Now this petition has been brought alleging that though the third respondent and his society have failed and neglected to comply with the order of the Registrar dated June 20, 2011, the Registrar has not taken any step to prosecute the officers in default in terms of the provisions of s.22(3) and s.32. 11. According to Mr Ghosal, the Registrar issuing the order dated June 20, 2011 was under a statutory obligation to seek the State Government’s sanction to prosecute the officers in default and to institute prosecution on the basis of sanction, if granted. 12. 11. According to Mr Ghosal, the Registrar issuing the order dated June 20, 2011 was under a statutory obligation to seek the State Government’s sanction to prosecute the officers in default and to institute prosecution on the basis of sanction, if granted. 12. Mr Sikdar appearing for the State has submitted that in view of the provisions of ss.3, 11 and 22, on the basis of the opinion formed by the Registrar that the third respondent and his society must change the name of the society in question, it is permissible for the State Government to consider the question of sanction for prosecution. He has said that the owner of the premises used for setting up of the society in question has already lodged a complaint with the police that the persons getting registration of the society produced fabricated documents and indulged in act of forgery. 13. Mr Bandyopadhyay appearing for the third and fourth respondents has questioned the maintainability of the petition filed in the name of the society. He has relied on s.19. His further submission is that in view of the provisions of s.11 the order of the Registrar dated June 20, 2011 is a nullity. 14. Section 11 of the Act provides as follows: “11. State Government may direct change of name.—(1) If a society is registered under a name or alters its name to another name which, in the opinion of the State Government, is identical with, or too nearly resembles, the name of any other society or body corporate which having been previously registered or incorporated under this Act or any other law for the time being in force, or being deemed to have been registered under this Act, continues to exist, the State Government may by order made in this behalf direct such society to change its name and alter its memorandum within three months from the date of the order or such longer period as the State Government may think fit to allow. (2) No change of name shall affect the rights and liabilities of a society or any legal proceedings by or against the society. (3) In case of non-compliance with an order under sub-section (1), every officer in default shall be punishable with fine which may extend to twenty rupees for every day until the order is complied with.” 15. Section 3 of the Act provides as follows: “3. (3) In case of non-compliance with an order under sub-section (1), every officer in default shall be punishable with fine which may extend to twenty rupees for every day until the order is complied with.” 15. Section 3 of the Act provides as follows: “3. Appointment of Registrar.—The State Government may appoint a person to be the Registrar of Societies for the State of West Bengal and such Additional, Joint, Deputy or Assistant Registrars as it thinks necessary to assist the Registrar and may by general or special order confer on such person or persons assisting the Registrar any of the powers and functions of the Registrar under this Act.” 16. Section 22 of the Act provides as follows: “22. Power of Registrar to call for Information or explanation.—(1) The Registrar may, by written order, call on a society to furnish in writing such information or explanation within such time, not being less than two weeks from the date of receipt of the order by the society, as he may specify in the order in connection with the affairs of the society or any documents filed by the society under this Act. (2) On receipt by the society of an order under sub-section(1), it shall be the duty of the officer concerned to furnish such information or explanation. (3) For failure to comply with an order under sub-section (1), the officer in default shall be punishable with fine which may extent to twenty rupees for every day during which the failure continues.” 17. Section 19 of the Act provides as follows: “19. Suits and proceedings by and against a society.—(1) Every society may sue or may be sued in the name of the President, the Secretary, or any office-bearer authorised by the Government Body in this behalf. (2) No suit or proceeding shall abate by reason of any vacancy or change in the holder of the office of the President, the Secretary or any office-bearer authorised under sub-section(1). (3) Every decree or order against a society in any suit or proceeding shall be executable against the property of the society and not against the person or the property of the President, the Secretary or any office-bearer. (3) Every decree or order against a society in any suit or proceeding shall be executable against the property of the society and not against the person or the property of the President, the Secretary or any office-bearer. (4) Nothing in sub-section (3) shall exempt the President, the Secretary or office-bearer of a society from any criminal liability under this Act or entitle him to claim any contribution from the property of the society in respect of any fine paid by him on conviction by a criminal court.” 18. It is true that in view of the provisions of s.19 the society in whose name this petition has been filed could sue only in the name of its President, the Secretary or any office-bearer authorised by its Governing Body for the purpose. Here the society has sued in its own name stating that it is represented by its President. As a matter of fact, the President ought to have sued on behalf of the society. In my opinion, when the President of the society is representing the society it will not be appropriate to entertain the maintainability objection, -- on the facts, a hyper-technical objection. The petition is maintainable. 19. The provisions of s.11 of the Act empower only the State Government to direct a change of name. By the order dated June 20, 2011 the Registrar directed the Secretary of the society in question to change its name on the grounds that the society in question was registered under a name similar to the name of the petitioner. 20. No provision of the Act empowers the Registrar to direct a change of name. 21. Section 3 only empowers the State Government to appoint a person to be the Registrar of Societies for the State of West Bengal. 22. Section 2(i) defines the word “Registrar” to mean a person appointed as Registrar under s.3 and includes, in relation to the exercise of any powers or functions under the Act, any person referred to in that section on whom such powers or functions have been conferred under that section. 23. Section 7 creates a statutory obligation of the Registrar to certify the registration of a society under the Act, if he is satisfied that the memorandum and the regulations accompanying it comply with the requirements of the Act and rules, and the requisite fee is paid. 24. 23. Section 7 creates a statutory obligation of the Registrar to certify the registration of a society under the Act, if he is satisfied that the memorandum and the regulations accompanying it comply with the requirements of the Act and rules, and the requisite fee is paid. 24. Section 10 provides that no society shall be registered under a name which is identical with, or too nearly resembles, the name of any other society or any body corporate which has been previously registered or incorporated under the Act or any other law for the time being in force, as the case may be, or is deemed to have been registered under the Act. 25. Only s.22 mentions the power of the Registrar, and the power is only to call for information and explanation. The section does not empower the Registrar to take any action on the basis of the information or explanation. However, s. 23 empowers the State Government to take appropriate steps on receipt of information concerning mismanagement, etc. of the affairs of a society. 26. Section 11(3) provides that in case of non-compliance with an order of the State Government directing change of name, every officer in default shall be punishable with fine which may extend to rupees twenty for every day until the order is complied with. 27. Section 32 provides that no prosecution shall be instituted for any offence under the Act except with the previous sanction of the State Government, but that the prohibition will not apply to any prosecution mentioned in s.21. 28. Section 21 provides that every member of a society may be sued or prosecuted by the society for any loss or damage caused to the society for its property or for anything done by him detrimental to the interests of the society. 29. The above-noted provisions of the Act clearly show that on the basis of a complaint an order directing change of name of a society can be issued, if at all, only by the State Government in exercise of power under s.11; and that the Registrar has no power to issue such an order as the one dated June 20, 2011. 30. 30. Hence the allegation that the Registrar has not taken further steps for prosecution is baseless; and there is no question of entertaining the request for quashing the certificate of registration of the society in question in terms of the order of the Registrar dated June 20, 2011. 31. For these reasons, I dismiss the petition saying that the order of the Registrar dated June 20, 2011 shall be deemed to be invalid, and that nothing herein shall prevent the petitioner from lodging complaint with the State Government under s.11 and the State Government from dealing with the complaint, if lodged, according to law. No costs. Certified xerox.