JUDGMENT Arun Tandon, J.
1. Heard Sri Anil Bhushan on behalf of petitioners, Sri J. K. Srivastava on behalf of respondent No. 2 and standing counsel on behalf of respondent No. 1.
2. Prabandhak Sabha Rauhata Uchchatar Madhyamik Vidyalaya, Rauhata Agra. through its Secretary Sri Bhajan Lal, has filed this writ petition against the order dated 19.4.2003, passed by the Deputy Registrar Firms. Societies and Chits, Agra, contained in Annexure-12 to the writ petition. The said order has been passed in exercise of powers under Section 3A of the Societies Registration Act, 1860 (hereinafter referred to as the Act) renewing the registration certificate of the Society by the name of Gram Shiksha Samiti, Rauhata, Agra, with effect from 10.10.1977.
3. It is contended on behalf of the petitioner that the Gram Shiksha Samiti was registered under the Act bearing No. 179/1945-46. The said society was registered on 5.2.1946. It is further contended that the registration of the said society was not renewed for decades together and ultimately a resolution was passed by the general body of the society to change the name of the society from its existing name to that of Prabandhak Sabha Rauhata Uchchatar Madhyamik Vidyalaya, Rauhata, Agra. It is further contended that in view of the said resolution of the general body of the society an application for fresh registration of the society was moved. The said application was allowed and the new society was registered on 3.2.1983 bearing registration No. 1962/1982-83. It is further contended that the certificate of the said newly registered society was renewed from time to time and is valid till date. However, on 1.7.2002 the respondent No. 2, Sri Bhajan Lal, moved an application before the Deputy Registrar for the first time seeking renewal of the registration of the society which was originally registered as Gram Shiksha Samiti, Rauhata, Agra. A copy of the said application has been filed as Annexure-9 to the writ petition.
4. On coming to know about the filing of the aforesaid application by the respondent No. 2, objections were filed by the petitioners stating that there was no justification for renewing the registration certificate of the said society, namely Gram Shiksha Samiti, inasmuch as the society had become de-registered under law and a new society in the name of Prabandhak Sabha has already been registered in its place after the general body of the earlier society had passed a resolution for change of the name of the society and for fresh registration of the society. It is also contended that there is no sufficient cause pleaded for renewal of registration after so many years as required under Section 3A (5) proviso of the Act ; further the renewal granted in favour of respondent No. 2 would only lead to chaos and would result in the dispute being raised with regard to management of the Uchchatar Madhyamik Vidyalaya, Rauhata, district Agra. The Deputy Registrar. Firms, Societies and Chits. Agra, by means of order dated 19.4.2003 has granted renewal of the registration certificate of Gram Shiksha Samiti on the application of respondent No. 2 with effect from 10.10.1977. hence this writ petition.
5. On behalf of respondent No. 2 a counter-affidavit has been filed by Sri Sanjay Sharma and along with the counter-affidavit applications seeking renewal of the registration certificate dated 11.10.1980, 2.1.1983, 15.10.1986, 1.1.1993, 1.10.1985 and 12.2.2001 have been enclosed. In the counter-affidavit it has not been denied that the application on which renewal has been granted in favour of respondent No. 2 is dated 1.7.2002. On behalf of respondents it is contended that since the registration of the petitioners' society has not been cancelled they have no locus to challenge the renewal of the registration certificate granted in favour of Gram Shiksha Samiti on the application of respondent No. 2.
6. I have heard learned counsel for the parties and perused the record. From the record it is established beyond doubt that the registration of the society which was originally registered as Gram Shiksha Samiti, Rauhata, district Agra, expired in the year 1977. It is further not in dispute that the registration certificate of the said society was not renewed after 1977. In view of the provisions of Section 3A (5) of the Act the said society became an unregistered society and the application for renewal of the registration certificate of the said society filed after more than one year subsequent to the expiry of the period for which the certificate was operative can be entertained by the Registrar only in accordance with the provisions of proviso to Section 3A (5) of the Act. The said proviso reads as follows :
Section 3A (5) Proviso :
"Provided that the Registrar may, for sufficient cause, allow an application for renewal more than one year after the expiration of the period for which the certificate was operative on payment of a fee of four hundred rupees or such higher fee not exceeding ten times of the additional fee payable under clause (b) of Sub-section (3) as may be notified by the State Government from time to time."
7. From the aforesaid proviso it is clear that the power to entertain an application for renewal of registration certificate subsequent to expiry of one years' period after expiration of the period for which the certificate was operative, can be exercised only for sufficient cause. Thus, the Registrar cannot renew the registration certificate of the society after more than one year of the expiration of the period for which the registration certificate was operative unless the person applying for renewal is able to plead and establish sufficient cause for not applying for renewal within the said period of one year.
8. From the application dated 1.7.2002. contained in Annexure-9 to the writ petition as also from the order passed by the Deputy Registrar dated 19.4.2003, contained in Annexure-12 to the writ petition, it cannot be disputed that the Deputy Registrar has not noticed any fact relevant for coming to the conclusion that the applicant has shown sufficient cause for not applying for renewal within the stipulated time. In absence of any finding having been recorded by the Deputy Registrar with regard to sufficient cause and the application having been moved after expiry of the stipulated time the Deputy Registrar had no jurisdiction to entertain such application and consequently the order dated 19.4.2003, passed by the Deputy Registrar renewing the registration certificate of Gram Shiksha Samiti on the application of respondent No. 2, after more than 27 years, cannot be legally sustained.
9. The other contention raised on behalf of the respondent No. 2 that the petitioner has no locus to challenge the order of renewal of the society, namely Gram Shiksha Samiti, as the registration of the petitioner-society has not been cancelled, is also sustainable. The issue whether petitioner-society is validly registered would depend upon the question as to whether the original society which had established the institution, namely, Rauhata Uchchatar Madhyamik Vidyalaya, Rauhata, district Agra, had become an unregistered society and therefore the registration of new society, namely, Prabandhak Sabha Rauhata Uchchatar Madhyamik Vidyalaya, Rauhata, district Agra, of which the petitioner has claimed to be the Secretary, in these circumstances, it cannot be said that the petitioner has no locus to challenge the renewal of the society on the application of respondent No. 2.
10. At this stage respondent No. 2 has placed reliance on his earlier applications moved for renewal of the registration for the purpose of establishing sufficient cause before this Court for the first time. This Court cannot enter upon the said issue nor can it adjudicate such a question of fact. It would be appropriate that the aforesaid issue be considered by the Deputy Registrar afresh strictly in the light of the proviso to Section 3A (5) of the Act.
11. In view of the above the writ petition is allowed. The order dated 19.4.2003, passed by the Deputy Registrar, contained in Annexure-12 to the writ petition, is set aside. The Deputy Registrar is directed to consider and decide the matter afresh in the light of the proviso to Section 3A (5) of the Act after affording opportunity of hearing to the parties, within a period of two months from the date a certified copy of this order is produced before him.