• Unregistered charitable society

A Society registered in Tamilnadu is managing Educational Institutions in Andhra Pradesh where it is not registered and operating without jurisdiction as it carries the the word TRUST in its name but actually its a Society registered in Tamilnadu. Even the MOA of the above Society does not spell out its operation in Andhra Pradesh. It has members only from the State of Tamilnadu. Management/Correspondent of one of the Institutions that receives grant-in-aid from the Government of AP is suspended as per AP Education Act 1982 Section 24 3 (a) for mismanagement and financial irregularities and a Special Officer is appointed by the Government of AP.
Can the above Society not registered in AP file WRIT PETITION challenging the appointment of the Special Officer?
Asked 5 years ago in Civil Law

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21 Answers

Well a registered trust legally formed kn one state can lawfully carry on the objective of the trust in another state. 

There's no impediment in doing this.

Ig can equally fight or defend litigation if brought on this ground alone. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

It can file writ but chances of success are bleak 

 

court would not Set aside appointment of special officer 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

yes in this circumstances writ petition is Maintainable

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

Society has no locus standing to challenge appointment of special officer 

 

it ought to have been registered in AP if running institutions in AP 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

If society is not registered it has no value it is only based on the individual approach so any decision in this regard can be taken by the individual only society cannot be made party and it cannot sue to any other person please be aware that society is artificial person and if it is not registered this has no value in the eyes of law

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You seem to be clueless in your own query. 

You started the query with registered trust and now talking about unregistered trust. 

First make up your mind as to what you want to know. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

You are right that unregistered association can't file writ in normal parlance but if larger public interest is affected then court considers the request in form of writ. A decision in the case of Akhil Bharatiya Soshit Karamchari Sangh vs. Union of India and others AIR 1981 SC 298 is observed. 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

A Society which is registered in Tamilnadu managing and running educational institutions in Andhra Pradesh.

As per facts of the case I am of opinion that Society is a legal entity registered in Tamilnadu and managing an educational institution in Andhra Pradesh need not to get registered again in Andhra Pradesh. It has registered status in the State of Tamilnadu and carries business in Andhra Pradesh needs no fresh and further registration with Andhra Pradesh otherwise there would be multiple registration for single entity in 27 States and Union Territories in India.

A driving license issued to Indian citizen who is born and brought up in Tamilnadu has been authorized to drive vehicles throughout India and all union of states. His license is valid to drive vehicles in all States which are part and parcels of Union of States of India in the same footsteps a Company registered/Society registered in Tamilnadu is a legal entity which need not to be registered in all 29 States and Union Territories wherever it has operations and Business. 

In the light of the above explanatory course and observations, I opined that Society registered in Tamilnadu is a legal entity and has every right to file Writ Petition in all 29 States, Union Territories wherever it operates directly or indirectly by its members and management. 

Please appoint a good lawyer and Senior Counsel to handle your case. I am confident you would definitely succeed. 

All the best. 

Best regards. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

The Indian trust act do not prohibit the  institution of a suit by an unregistered trust.

However it can be registered subsequently also to prove its legal validity.

Therefore in order to prove the legal validity of the trust, it is pertinent that the trust should be a registered body otherwise the case filed by the trust would not be maintainable.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

The trust can register even now or can register with the competent authority even after filing the proposed writ petition.

The provisions of trust law do not prohibit the trust from fling a suit by an unregistered trust, however the suit file may not be maintainable if the trust is an unregistered body since it do not acquire legal validity.

 

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

Yes it may file a writ petition in the high court for challenging the appointment of a person if it comes within the jurisdiction of that high court.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The society is not registered in AP but still running its educational institutions. Therefore it can file a petition.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

1. An un-registered organisation of any type has no locus standi in law and cannot conduct or execute or file any operations /agreements /petitions etc....

2. The above has to be brought into attention of the Court via an application, that society is unregistered and is misrepresenting it self before the public & govt. 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

It is very much clear to you as you mentioned here.

That society is not registered in AP so cannot operate or carry out any operations in AP.

Complaint against them in the registrar cooperative Societies office of TN

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes, the society can file Writ challenging the appointment of Special Officer (SO) but it cannot be considered by the Court, chances are at the admission stage itself, it will be discarded as the society does not have locus standi.

In order to find out the mismanagement & financial irregularities, the Government has rightly appointed SO.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Reply to your second post:

Going by your own research / analysis it is clear that the Society under question cannot file suit / writ, and that, the Society is also not registered, as such, taking the above points also it will not be considered.

At least to have a support, the Society ought to have get itself registered in State of AP.

The Society has no locus standi at all.  

It cannot challenge the action of Government, more particularly, when it deals with the Mismanagement & Financial Irregularities by the un registered Society.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

1. When the society itself is not registered in AP where it is operating any writ petition filed by it will not be maintainable.

2. If, however, it is proved that there is a glaring violation of any statutory provision in appointment of special officer then a limited relief may be granted.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes I do agree with you however I am confident and sound that We have one Constitution in our Country and C.P.C. 1908 with Cr.P.C.1973 


Yes I do agree with you however I am confident and sound that We have one Constitution in our Country and C.P.C. 1908 with Cr.P.C.1973 applicable and acceptable to all High Courts and Apex Court at New Delhi which deals with Jurisdiction of Court as per C.P.C and Cr.P.C 1973 .

Our Indian Court right from Trial Court to Supreme Courts, DRT,NCLT,NCLAT,NGT,NHRC ,ELECTION COMMISSION etc are bound to follow C.P.C and Cr. P.C. which are Central Act deals with provisions of Jurisdiction of the Courts in India and classified entities covered in the Statute. 

Pl go ahead if you want to go for multiple registration of an entity in all States and Territories of India with conditions to file returns, report and functioning of entity to 29 States and Territories. 

Let us assume how many work force, expenses, records and departments in each State and each State would have separate Chairman + office bearers for a single entity. 

Pl go ahead. 

Pl refer 97th Constitutional amendment. 

Pl read Article 43 of Indian Constitution

All the Best .

Best regards. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

 - Supreme Court in a matter titled as B. Srinivasa Reddy versus Karnataka Urban Water Supply on 28 August, 2006 , held that , an unregistered association has no fundamental right to approach Court under the article 226 of the Constitution of India , and hence a Writ petition filed by an unregistered association is not maintainable 

- Hence without having a legal right , the unregistered charitable society cannot challenge the appointment of the special officer as well. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Please go through the citation Sri Veerabrahmendra V/S The Hon'ble Minister and others decided by the Hon'ble AP High Court  on 28.09.2001 for the purpose and clear is they can file a writ if wants to do so. 

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

Yes they can file writ petition against govt order of appointment of special officer. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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