Registration of Association
Urvashi Saumya
(Querist) 06 June 2009
This query is : Resolved
What is the legal impact of registered and unregistered Association?
A V Vishal
(Expert) 06 June 2009
Madam: Kindly goi through the judgement I think it will be helpful to you
COURT OF ASSAM ; NAGALAND; MEGHALAYA; MANIPUR; MIZORAM; TRIPURA AND ARUNACHAL PRADESH )
IMPHAL BENCH
WRIT PETITION© NO.978 OF 2004
The Thoubal District Farmers’ Assocation for Natural Calamities,
Through its Secretary, shri Nongthombam Mani Singh, aged about
45 years ,.s/o late N.Narahari Singh, resident of Thoubal Achouba , PO & PS, Dist.
Thoubal , Manipur.
… PETITIONER
-VS-
1. The State of Manipur, through the Chief Secretary,Govt. of
Manipur, Imphal.
2. The Department of Revenue, through the Commissioner/Secretary
(Relief Cell), Govt. of Manipur, Imphal.
3. The Deputy Commissioner, Thoubal, Govt. of Manipur,Imphal.
.. RESPONDENTS.
BEFORE
THE HON’BLE MR.JUSTICE T. NANDAKUMAR SINGH
For the Petitioner :: Mr. B.P.Sahu, ld. Advocate.
For the Respondents :: Mr. R. S. Reisang, Addl. GA.
Date of Hearing & Order :: 28.02.2005.
JUDGMENT AND ORDER (ORAL)
Heard Mr. B.P Sahu, learned counsel for the petitioner as well as Mr R. S. Reisang, learned Addl. G.A for the respondents.
2. As agreed by both the parties this writ petition is taken up for a limited point as to whether an unregistered Association can file a writ petition under Article 226 of the Constitution of India for violation of the fundamental rights guaranteed by the Constitution of India or not? The writ petitioner, an unregistered association is formed by all the farmers residing within Thoubal District, Manipur whose paddy plants grown in their respective fields, pisciculture farms as well as other farms were grossly affected by the flood that occurred in the year 2002. The acts of Government of Manipur declining to give financial assistance to the members of the writ petitioners (
2
unregistered association) for damage caused due to the natural calamities are illegal unlawful, arbitrary, malafide, biased, discriminatory and vindictive to the extent that their Fundamental Rights guaranteed by the Constitution of India had been deprived. Learned Addl. G A submits that that the petitioners association being not a registered body has no legal entity to sue or be sued. It appears that nothing has been placed before this court to show that the petitioner association is a legal entity as provided under any specific statutory provision to sue or be sued collectively. Learned Addl. G A submits that where a number of individuals are affected by a common act or a common legal proceeding, there is a procedure for filing joint writ petition to challenge that act . In this regard, learned Addl. G.A draws the attention of this court to proviso to Rule 1 of Chapter V-A Gauhati High Court Rules and it provides that more than one individual can jointly file a single writ petition on each of them paying court fee payable on such application. In the present case, it is not the situation where the individuals i.e the farmers whose paddy fields seriously affected by the flood that occurred in the year 2002 jointly file a single writ petition on each of them paying court fee for filing such application. It appears that the present writ petition is not file in compliance with the said proviso to Rule 1 of Chapter V-A of the Gauhati High Court Rules. The matter regarding maintainability of writ petition filed by an unregistered association have been discussed by this court in All Manipur DIC Supervisors’ Association vs. State of Manipur & Ors; 2001 (1) GLT 374 wherein this court held that the writ petition filed by an unregistered Association is not maintainable. Paras 14,15 and 16 of GLT in the case of All Manipur DIC Supervisors’ Assn. vs. State of Manipur & Ors (Supra) are quoted below :-
“ 14. This is not a public interest litigation. Admittedly, the petitioner-association is not registered under the Societies Registration Act, 1860 or under any other statute. A technical point is taken in paragraph 2 of the affidavit-in-opposition that the petitioner Association , not being a registered body
Urvashi Saumya
(Querist) 06 June 2009
Thanks for you valuable input.
In case of entering into the agreement with any unregistered association, what can be the negative impact and question of validity of the document/agreement and risk in protection of right.
A V Vishal
(Expert) 06 June 2009
Dear Madam,
The agreement is null and for all practical puposes, the association cannot be sued in its name nor has right to sue any third party
B.B.R.Goud.
(Expert) 06 June 2009
i do agree with learned friends
Uma parameswaran
(Expert) 09 June 2009
Registered association have full legal status and non registered associations have no legal personality .The representatives of a non registered associations are personally liable for the consequences.
Urvashi Saumya
(Querist) 09 June 2009
Thanks for suggestions to all learned expert.
