Societies Registration Act | Registrar Empowered To Investigate Societies Upon Prima Facie Opinion Of Mismanagement: Manipur High Court

The Manipur High Court clarified that the Registrar of Societies has statutory authority under Section 22 of the Manipur Societies Registration Act, 1989 to investigate the affairs of a registered society where information discloses circumstances suggesting mismanagement. The Court held that once the Registrar forms a bona fide opinion, based on available material, that such circumstances exist, the jurisdiction to initiate inquiry stands open. However, the Court noted that the registrar did not follow proper procedure under Section 22 of the Manipur Societies Registration act and Rule 30 of the Manipur Societies Registration Rules. Thus, the Court remarked that “When the Registrar exercised power under Section 22, it ought to have been done in prescribed manner or not done at all…”A Division Bench of Chief Justice Mr. M. Sundar and Justice A.Guneshwar Sharma stated that: “Registrar of Societies, Manipur certainly has powers to investigate the affairs of a society (MOA in this case) under Section 22 of MSR Act when he/she, on information is of opinion that circumstances suggesting that a society is guilty of mismanagement of affairs has come to light.”Background:The dispute arose from “Election of office bearers and executive council of 'Manipur Olympic Association'. The election was scheduled for scheduled for 14.01.2024 but concluded on 12.01.2024 after all candidates were declared elected unopposed.The previous council's term expired in September, 2022. Thereafter, objections were raised by Manipur Judo Association, alleging that elections conducted by a council whose tenure had expired led to mismanagement. Subsequently, an order was passed by the registrar cancelling the election notice and directing fresh elections.However, this order was quashed by the learned Single Judge on the ground that the Registrar lacked the power to pass such directions.Aggrieved, the State of Manipur filed an intra-court appeal before the Division Bench of Manipur High Court, contending that Registrar Had Power to pass the order under Section 22 of the Manipur Societies Registration Act, 1989, and Rule 30 of the Manipur Societies Registration Rules, 2004.Further the State contended that the registrar passed the order in compliance with a prior judicial order, which directed the Registrar to consider the representations of the Manipur Judo Association and pass a speaking order. The major issue before the Court was that whether the Registrar had powers to pass order under Section 22 of the Manipur Societies Registration Act. Case Name: State of Manipur v/s The Registrar of SocietiesCase No.: W.A. No.2 of 2026Date of Decision: 30.01.2026For the appellants: Mr. M. Rarry, Sr. Advocate instructed byMs. Nikita, AdvocateFor the Respondents: Mr. N. Ibotombi, Sr. Advocate instructedby Mr. Leo, AdvocateMr. N. Jotendro, Sr. Advocate instructedby Md. Syed Murtaza Ahmed, AdvocateClick Here To Read/Download Order

Societies Registration Act | Registrar Empowered To Investigate Societies Upon Prima Facie Opinion Of Mismanagement: Manipur High Court

Mehak Aggarwal

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