Himachal Pradesh Cricket Association v. STATE OF H. P.
2013-09-19
A.M.KHANWILKAR, KULDIP SINGH
body2013
DigiLaw.ai
JUDGEMENT A.M. KHANWILKAR, J. 1. HEARD counsel for the parties. 2. THIS petition takes exception to the show cause notice, dated 7th September, 2013. The principal grievance of the petitioners is that petitioner No. 1 is not a registered society as such, but, in fact, it is a Company, for which reason the Registrar of Societies cannot exercise any jurisdiction qua the petitioner company. In other words, issue of jurisdiction of the Registrar of Societies has been raised by the petitioners. No doubt, the tenor of the notice gives an impression that peremptory opinion has been expressed by the Registrar of Societies, but, nevertheless, it is indisputable that it is only a show cause notice. In our opinion, therefore, the petitioners can raise the issue of jurisdiction before the Registrar of Societies as a preliminary issue and if such objection is raised, the Registrar of Societies shall answer the same, one way or the other, after giving fair opportunity to the petitioners and till that issue is decided, shall not enter upon any other issue on merits as referred to in the show cause notice. If the decision of the Registrar of Societies is adverse to the petitioners, the petitioners will have remedy against that decision. The decision to be taken by the Registrar of Societies shall not be given effect to for a period of ten days from the date of service of that decision on the petitioners, so as to enable the petitioners to take recourse to appropriate remedy, as may be advised. 3. WE make it clear that we are not expressing any opinion on any of the issues referred to in the show cause notice, Annexure P2. All questions will be dealt with on its own merits in appropriate proceedings as and when occasion arises. The petitioners to appear in the office of the Registrar of Societies on 30th September, 2013, at 11.30 a.m. and submit their objections and/or preliminary objections, as the case may be, which will be taken on record and the Registrar of Societies may proceed to decide the same, after giving opportunity of being heard to the petitioners, by passing a speaking order in the light of observations made hitherto. 4.
4. WE place on record the submission of the learned Advocate General that the issue to be examined by the Registrar of Societies is purely concerning the matters referred to in the show cause notice and disposal of this petition should not be any impediment for any other proceedings resorted to by the State Authorities against the petitioners. Petition is disposed of on the above terms, so also the pending application(s), if any.