JUDGMENT : SHAJI P. CHALY, J. 1. The captioned writ petitions are materially connected in respect of an order passed by the District Registrar, Alappuzha dated 27.5.2020 as per the provisions of the Travancore- Cochin Literary, Scientific and Charitable Societies Registration Act, 1955, hereinafter called “Act 1955” whereby the All Kerala Homoeopathic Association - a society registered under the Act, 1955, was directed to conduct an annual general body meeting and take other consequential steps directed thereunder. The said order was affirmed by the Deputy Inspector General, Registration, Central Circle, Ernakulam, as per Exhibit P7 dated 22.02.2021. 2. W.P. (C) No. 7931 of 2021 is filed to implement the said order by a member of the Association, whereas W.P. (C) No. 17130 of 2021 is filed challenging the order of the District Registrar basically contending that there is no power vested with the District Registrar to issue any such directions. The facts, figures and documents available in W.P. (C) No. 17130 of 2021 are relied upon for the disposal of the cases. 3. Petitioner in W.P. (C) No. 17130 of 2021 is a registered association as per the provisions of the Act, 1955 (Act XII of 1955) and it is said to be formed for the well being of the Homoeopathic Practitioners throughout the State of Kerala. There are about 160 active members in the association. The administration of the Association is being controlled by the three tier administrative set up viz. the District Committee and Exhibit PI is its bye-law. According to the petitioner, respondents 3 and 4 and five other persons, who were the members of the association, have been expelled from the primary membership due to different reasons, submitted complaints before the District Registrar - the 2nd respondent, against the functioning of the petitioner association. Their main demand was to convene an Annual General Body Meeting for 2018-2019 after participation of all members including them and as per Exhibit P2 judgment dated 24th January, 2020 in W.P. (C) No. 23346 of 2019, this court directed the 2nd respondent to dispose of the complaint filed by respondents 3 and 4. 4. According to the petitioner, petitioner submitted a detailed objection contending that those who have submitted complaints, have no locus standi since they had already been expelled from the primary membership of the association due to different reasons. 4. According to the petitioner, petitioner submitted a detailed objection contending that those who have submitted complaints, have no locus standi since they had already been expelled from the primary membership of the association due to different reasons. Even though, one of such complainants, filed a suit - OS No. 651/2019 before the Munsiff Court with an interim prayer to permit him to attend the General Body meeting, the Munsiff Court rejected the said prayer. 5. It is contended by the petitioner that the District Registrar - the 2nd respondent, without having any powers as per Act XII of 1955, directed the petitioner to conduct a comprehensive Annual General Body Meeting by adding all expelled members as per Exhibit P4 order. According to the petitioner, Exhibit P4 order is against Exhibit P1 bye-law of the association and against the provisions of Act XII of 1955. Though, petitioner preferred Exhibit P6 appeal before the Deputy Inspector General, Registration Department, South & Middle Zone, Ernakulam - the 1st respondent; the 1st respondent without considering the merits of the contentions, dismissed the appeal as per Exhibit P7 directing them to approach this Court. According to the petitioner, Exhibits P4 and P7 orders are ultra-vires since 1st and 2nd respondents have no authority to pass such orders as per the bye-law and as per the provisions of Act XII of 1955. It is thus challenging the legality and correctness of the said orders, the writ petition is filed. 6. A counter affidavit is filed by the District Registrar, Alappuzha justifying the order passed by him. The 4th respondent viz., Sony Thomas, who is the petitioner in the connected writ petition has also filed a counter affidavit supporting the order passed by the District Registrar. 7. I have heard learned counsel for petitioners Sri. A.T. Anil Kumar and Sri. E.D. George, learned Senior Government Pleader Sri. Rajeev Jyothish George and perused the pleadings and material on record. 8. Since the basic question raised in W.P. (C) No. 17130 of 2021 is absence of power of the District Registrar to pass the impugned order, reference to a few of the provisions of Act, 1955 would be required for the effective disposal of the writ petitions. 9. The Act, 1955 extends to the whole of the State of Kerala. 8. Since the basic question raised in W.P. (C) No. 17130 of 2021 is absence of power of the District Registrar to pass the impugned order, reference to a few of the provisions of Act, 1955 would be required for the effective disposal of the writ petitions. 9. The Act, 1955 extends to the whole of the State of Kerala. As per section 2 (C), Registrar means, an officer empowered by the State Government to register societies under the Act, 1955. Section 3 of the Act further makes it clear that any seven or more persons associated for any literary, scientific or charitable purpose, or for any such purposes as is described in Section 32 of the Act, may by subscribing their names to a memorandum of association and filing the same with the Registrar, form themselves into a society under the Act, 1955. 10. Section 4 of the Act, 1955 emphasises that the memorandum of association shall contain the name of the society; the objects of the society; the names, addresses and occupation of the governors, council, directors, committee or other governing body to whom, by the rules of the society the management of its affairs is entrusted. 11. Section 5 makes it clear that upon the memorandum and a certified copy being filed before the Registrar, the Registrar shall certify under his hand that the society is registered under the Act, for which a fee is to be paid to the Registrar. The society is also duty bound to discharge various obligations by providing the details of the registered office of the society; any change therein, within the time period prescribed under section 6 and if not, the Registrar is vested with powers to impose fine. 12. However, it is quite clear and evident from section 7(1) of the Act, 1955 that it shall be the duty of a society to convene the first general body of the society within 18 months from the date of its registration and thereafter, once at least in every calendar year and not more than 15 months after the holding of the last preceding meeting. It is clear from sub-section (2) of section 7 that the above annual general meeting and election of members to the governing body shall be made as provided in the rules and regulations of the society, provided, the minimum number of persons in the governing body shall be three. 13. After conduct of the election as per sub-section (3) of section 7, a list of the members of the first governing body of a society shall be filed with the Registrar within 14 days from the date of registration of the society and thereafter, the list of the governing body shall be filed with the Registrar within 14 days after the date of the annual general meeting. Sub-Section (5) of section 7 makes it clear that if default is made in holding the annual general meeting, filing the list of members of governing body or recording the minutes of proceedings of general meetings as laid down in section 7, the society and every member of its governing body, who is wilfully in default, shall be liable to a fine prescribed therein. 14. Section 9 deals with the suits by and against the societies, which states that every society may sue or be sued in the name of the President, Chairman or Principal Secretary or Trustees as shall be determined by the rules and regulations of the society, and in default of such determination, in the name of such person as shall be appointed by the governing body for the occasion. However, the proviso specifies that it shall be competent for any person having a claim for demand against the society, to sue the President or Chairman, or Principal Secretary or the Trustees thereof, if on application to the governing body, some other officer or person be not nominated to be the defendant. 15. The rest of the provisions contained therein state that the society has to maintain a books of accounts; it shall prepare an annual balance sheet and discharge duties and obligations to protect the interest of the society. The society is also duty bound to submit the balance sheet before the Registrar. It is also a duty bound to keep a register of members. 16. The society is also duty bound to submit the balance sheet before the Registrar. It is also a duty bound to keep a register of members. 16. However, section 19 makes it clear that the State Government is vested with powers to call upon the governing body of any society to submit periodically the accounts of income & expenditure and the assets and liability of the society. It is also clear that the Registrar or any other officer authorised by the State Government shall periodically examine the accounts and other books of the society and submit to the Government a report on the result of such inspection; and for that purpose, the Inspecting Officer may enter the premises of the society and the governing body and the servants of the society shall furnish him with all information he may call for, and shall also render him all the assistance necessary to enable him to conduct the examination and make the report. The governing body and all persons, who are or have been servants of the society, are liable to produce before the officer so deputed, all books and documents in their custody or power relating to the society and to answer any question relating to the affairs of the society. The Inspecting Officer is vested with powers, after recording the reasons to enter and search or cause to be searched any place or may seize any such accounts, books or documents. 17. Section 20 of Act, 1955 makes it clear that the State Government is vested with powers to fine any member of the governing body or servant of the society, who wilfully or contumaciously disobeys any order passed by them under section 19 of the Act and if the said order is not obeyed, the State Government is vested with powers to dismiss him. The governing body of the society shall be bound to give effect to the order passed by the State Government under the said section and any failure on their part to give effect to such order shall be deemed disobedience within the meaning of this section. So also section 22 specifies that if any amendment is carried out to the memorandum or rules and regulations of the society, the same shall also be filed with the Registrar within the time period prescribed thereunder, failing which, the society is liable to be penalised. 18. So also section 22 specifies that if any amendment is carried out to the memorandum or rules and regulations of the society, the same shall also be filed with the Registrar within the time period prescribed thereunder, failing which, the society is liable to be penalised. 18. Whatever that be, in so far as the conduct of the elections and other aspects are concerned; there is no power vested with the State Government or the District Registrar to issue directions to the society to conduct election or do such other acts as are directed in the impugned orders. This would be clear from section 23 of the Act, 1955 dealing with dissolution of societies and adjustment of their affairs, which reads as follows: “23. Provision for dissolution of societies and adjustment of their affairs - Any number not less than three-fourths of the members of any society may determine that the society shall be dissolved, and thereupon it shall be dissolved forthwith or at the time then agreed upon and all necessary steps shall be taken for the disposal and settlement of the property of the society, its claims and liabilities according to the rules of the said society applicable thereto, if any, and if not, then as the governing body shall find expedient: Provided that, in the event of any dispute arising among the said governing body or the members of the society, the adjustments of its affairs shall be referred to the principal Court of original civil jurisdiction of the district in which the registered office of the society is situate and the Court shall make such order in the matter as it shall deem requisite: Provided further that no society shall be dissolved unless three-fourths of the members shall have expressed a wish for such dissolution, by their votes delivered in person, or by proxy, at a general meeting convened for the purpose: Provided also that whenever the [State Government] is a member of, or a contributor to, or otherwise interested in, any society such society shall not be dissolved without the consent of the [State Government].” 19. Section 25 specifies the manner in which an application is to be filed to the Court for dissolution, framing a scheme, etc. which reads thus: “25. Section 25 specifies the manner in which an application is to be filed to the Court for dissolution, framing a scheme, etc. which reads thus: “25. Application to court for dissolution, framing a scheme: (1) When an application is made by the [State Government] or ten per cent of the members on the rolls of a society to the District Court within the jurisdiction of which the society is registered, the court may, after enquiry and on being satisfied that it is just and equitable, pass any of the following orders: (a) removing the existing governing body and appointing a fresh governing body. (b) framing a scheme for the better and efficient management of the society. (c) dissolving the society. (2) Where the application under sub-section (1) is by the members of the society, the applicant shall deposit in Court along with the application the sum of one hundred rupees in cash as security for costs.” 20. Section 27 makes it clear that appeals shall lie to the High Court from orders passed under section 25 as if they were decrees in suits and shall be presented within the time prescribed thereof. 21. Therefore, in my considered opinion, when powers are specifically conferred under the Act, 1955 to the District Registrar, the Registrar is duty bound to confine the exercise of the powers in contemplation of the provisions of the Act. There is no power vested with the Registrar to issue any directions to the society to conduct election within two months after convening a general body. 22. As I have pointed out above, if the 2nd respondent is not convening a meeting within the period prescribed under law, the Registrar is vested with powers to impose fine on the governing body as well as other office bearers of the society. Considering the facts and circumstances, I have no hesitation to hold that Exhibit P4 order passed by the District Registrar dated 22.2.2021 is not in accordance with law. For the same reason, I do not think the Deputy Inspector General, Registration Department, South & Middle Zone, Ernakulam - the 1st respondent, is not vested with powers to receive an appeal and confirm the order passed by the District Registrar. 23. It is true that the District Registrar has passed an order in the complaint filed by Sri. For the same reason, I do not think the Deputy Inspector General, Registration Department, South & Middle Zone, Ernakulam - the 1st respondent, is not vested with powers to receive an appeal and confirm the order passed by the District Registrar. 23. It is true that the District Registrar has passed an order in the complaint filed by Sri. Sony Thomas - petitioner in W.P. (C) No. 7931 of 2021, on the basis of the directions issued by this Court in the judgment in W.P. (C) No. 23346 of 2019 dated 24th January, 2020. However, it is quite clear and discernible from the said judgment that it was a direction simpliciter issued by this Court to consider the complaint filed by Sri. Sony Thomas and one P.T. Sebastian, who are respondents 3 and 4 in W.P. (C) No. 17130 of 2021. Therefore, the District Registrar could have taken a decision only on the basis of the powers conferred on the District Registrar as per the provisions of the Act, 1955. 24. That apart it is quite clear and evident that any member of the society is conferred with a right under section 9 of the Act, 1955 to file a suit against the society. That apart Sections 23 and 25 of Act 1955 enumerate the manner in which the disputes in societies are to be resolved; which are clear provisions to arrive at a logical conclusion that the orders impugned are arbitrary and illegal susceptible to be interfered in a proceeding under article 226 of the Constitution of India. In that view of the matter, W.P. (C) No. 17130 of 2021 is to be allowed. Accordingly, the said writ petition is allowed, and Exhibits P4 and P7 orders passed by the District Registrar as well as the Deputy Inspector General, Registration Department, South and Central Zone, Ernakulam dated 22.2.2021, are herewith quashed. 25. In view of the aforesaid order, W.P. (C) No. 7931 of 2021 seeking to implement the order of the District Registrar, is liable to be dismissed. Accordingly, the said writ petition is dismissed.