‘Invalid in eyes of law’, HC quashes Utkal cine society’s re-registration | Bhubaneswar News
Cuttack: Orissa high court has quashed the “fresh registration/re-registration” of Utkal Cine Chamber of Commerce (UCCC) by the Registrar of Societies, ruling it as “invalid in the eyes of law”.
The group, formed to safeguard the interest of Odia film industry and particularly of the producers, exhibitors and distributors, was registered as a society in 1993.The society, which initially started with 15 members, now has around 290.
On May 24, 2023, some of the members appointed themselves as president and secretary of the society without any authorisation and raised a complaint before the Registrar of Societies against UCCC, seeking cancellation of its registration certificate issued in 1993.
Registrar of Societies re-registered UCCC and issued a fresh certificate for 2023-24 with two other members as its president and secretary on Sept 15, 2023. UCCC challenged it in a petition filed on Dec 29. Members Ranjit Kumar Rout, Yugal Debata, Dilip Kumar Mishra and Rabindranath Panda were also named as petitioners.
According to the petition, information received under RTI Act revealed the certificate issued to the society in 1993 was not cancelled, yet re-registration was done under the same name on Sept 15, 2023.
HC further found that fresh registration was issued against the existing certificate. In the written note of submission filed on behalf of Inspector General of Registration, it was stated that after introduction of the Societies Registration (Odisha Amendment) Act, 2021, the validity period of a society’s registration is for five years, and in respect of an existing society, it is deemed validated for five years “from the date of introduction of the Amended Act”. Besides, there is no provision in either the Act or the rules providing for re-registration.
“If such is the case, the question is, how could the impugned certificate be issued when the original certificate had not lost its validity,” Justice Sashikant Mishra observed on Dec 23, adding, “The concerned state authorities have dealt with the issue in a somewhat haphazard manner and in any case, contrary to the provisions of law. The entire action, therefore, becomes unconscionable in law warranting interference by this court.”
Accordingly, Justice Mishra ruled that fresh registration/re-registration of UCCC “is invalid” as it is contrary to the statutory provision and quashed the fresh certificate issued by the additional Registrar of Societies in Sept 2023.
The group, formed to safeguard the interest of Odia film industry and particularly of the producers, exhibitors and distributors, was registered as a society in 1993.The society, which initially started with 15 members, now has around 290.
On May 24, 2023, some of the members appointed themselves as president and secretary of the society without any authorisation and raised a complaint before the Registrar of Societies against UCCC, seeking cancellation of its registration certificate issued in 1993.
Registrar of Societies re-registered UCCC and issued a fresh certificate for 2023-24 with two other members as its president and secretary on Sept 15, 2023. UCCC challenged it in a petition filed on Dec 29. Members Ranjit Kumar Rout, Yugal Debata, Dilip Kumar Mishra and Rabindranath Panda were also named as petitioners.
According to the petition, information received under RTI Act revealed the certificate issued to the society in 1993 was not cancelled, yet re-registration was done under the same name on Sept 15, 2023.
HC further found that fresh registration was issued against the existing certificate. In the written note of submission filed on behalf of Inspector General of Registration, it was stated that after introduction of the Societies Registration (Odisha Amendment) Act, 2021, the validity period of a society’s registration is for five years, and in respect of an existing society, it is deemed validated for five years “from the date of introduction of the Amended Act”. Besides, there is no provision in either the Act or the rules providing for re-registration.
“If such is the case, the question is, how could the impugned certificate be issued when the original certificate had not lost its validity,” Justice Sashikant Mishra observed on Dec 23, adding, “The concerned state authorities have dealt with the issue in a somewhat haphazard manner and in any case, contrary to the provisions of law. The entire action, therefore, becomes unconscionable in law warranting interference by this court.”
Accordingly, Justice Mishra ruled that fresh registration/re-registration of UCCC “is invalid” as it is contrary to the statutory provision and quashed the fresh certificate issued by the additional Registrar of Societies in Sept 2023.
