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CDJ 2025 SC 1917 print Preview print print
Court : Supreme Court of India
Case No : Civil Appeal No. of 2025 (Arising Out of SLP(Civil) No. 17018 of 2023)
Judges: THE HONOURABLE CHIEF JUSTICE MR. SURYA KANT & THE HONOURABLE MR. JUSTICE JOYMALYA BAGCHI
Parties : C/M Zila Mahila Samiti Versus State Of U.P. & Others
Appearing Advocates : For the Petitioner: ------ For the Respondents: -----
Date of Judgment : 25-11-2025
Head Note :-
Societies Registration Act, 1860 -
Judgment :-

1. Leave granted.

2. The issue that has fallen for consideration in this case pertains to composition of Governing Body of the Zila Mahila Samiti, Bulandshahar, which is a registered society under the Societies Registration Act, 1860. Unfortunately, the mindset of colonial era was profusely demonstrated in the Articles of Association of the Society, whereunder the wife of the District Magistrate would be the President of the Society. This was done by amending the bye-laws. All the powers to administer the Society, thus, were vested in the hands of the wife of the Collector, while the elected members of the Society were ignored and overlooked when it came to the day to day affairs of the Society. An election was statedly held, but finding no recognition thereof, the unsuccessful appellant-society has approached this Court.

3. Pursuant to the orders passed from time to time, an undertaking has been given by the State of Uttar Pradesh that the entire issue has been revisited, and it is resolved to bring a new legislation on Registration of Societies into force, whereunder such provisions reflecting the social structures of the colonial era will be consciously omitted. It is stated by learned State counsel that the Bill is in the process of finalisation and it will be placed before the State Legislative Assembly as early as possible. He assures us that, in the natural course of action, the Bill will be passed within a period of two months.

4. In light of the above assurance, we do not deem it necessary to keep these proceedings pending. Consequently, the appeal is allowed in part; the impugned judgment of the High Court dated 15.05.2023 is set aside; and the writ petition filed before the High Court is disposed of in following terms:

                   (i) Let the new Bill proposing to repeal and replace the Societies Registration Act, 1860 in the State of Uttar Pradesh be placed before the Legislative Assembly within a period of two months.

                   (ii) In the event of the Bill passed, let it be notified and brought into force at the earliest.

                   (iii) The affairs of all the societies registered under the Societies Registration Act, 1860 shall hitherto be regulated in accordance with the provisions of the new Act.

                   (iv) Since the enforcement of the new Act and/or election/nomination of Governing Body thereunder will take some time, the elected members of Zila Mahila Samiti, Bulandshahar are permitted to perform the bare minimum statutory duties, like compliance of the Income Tax Act/Provident Fund Act or other welfare legislations, as the case may be. Such an arrangement is only interim in nature, till the regular elected body takes over the management in accordance with the proposed new law. The ad-hoc elected body shall perform its duties assigned to the extent above, with the concurrence and approval of the District Magistrate.

5. With the disposal of the appeal, the earlier interim order also stands modified.

6. Pending application(s), if any, including application for intervention/impleadment stand closed.

 
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