Shimla: The High Court threw out a HP Cricket Association (HPCA) petition that had challenged a show cause notice served on it by Registrar of Societies threatening to derecognize the association for acts of omission and commission.
The bench comprising of Chief Justice AM Khanwilkar and Justice Kuldip Singh directed HPCA that since it was only a show cause notice, the petitioners can raise the issue of jurisdiction before the Registrar of Societies.
Anurag Thakur as president HPCA had petitioned the court for quashing the notice issued on September 7 which had asked HPCA to show cause as to why it should not be removed u/s 41 (1) of the H.P. Societies Registration Act, 2006 for its alleged acts of omission and commission.
The Registrar Societies, has also restrained the Governing Body of the HPCA from passing any order or resolution, or make any expenditure or investment or banking transaction or perform any other act concerning the affairs of HPCA without its approval.
The Registrar of Societies had also directed the HPCA Governing Body to function under the superintendence, direction and control of the authority of the Additional Deputy Commissioner, Kangra at Dharamshala.
HPCA on its part had challenged the show cause notice submitting before the court that it was converted to a Not for Profit company on October 1, 2012 and hence, it is not a registered Society, therefore, the Registrar of Societies could not exercise any jurisdiction over it.
The court directed the petitioners to appear before the Registrar of Societies on September 30, 2013 at 11:30 A.M. and to submit their objections/preliminary objections, which shall be decided by the Registrar of Societies.