MARGAO
A glance at the contentions advanced by the two groups in the legal battle between UTAA executive members and their challengers before the District Registrar and Inspector General of Societies South, the observations made by the District Registrar Suraj Vernekar and the interim order restraining UTAA body from functioning till further orders.
Nature of complaint before
District Registrar (South)
The complaint was filed by the Gawda, Kunbi, Velip & Dhangar and five others before the District Registrar and Inspector General of Societies (South) against United Tribals Association Alliance (UTAA) through its Executive Council, Prakash Velip, Durgadas Gaude and Nanu Bandolkar for declaration, cancellation of Executive Council of UTAA.
The Complainant has prayed in the Petition to declare the election of the Executive Council of United Tribals Associations Alliance (UTAA) as null and void. It was further prayed by the complainants to update list of the members of the General Council and Executive Council of UTAA duly supported by resolutions and authorization from respective alliance associations. It is further prayed for appointment of Administrator and audit of the Society.
Prayer for
ad interim relief
Pending the hearing, the complainant had sought prayers to restrain the Respondents to function as Executive Committee of UTAA, and restrain them from convening meetings, issuing public statements or undertaking financial transactions in the name of society.
To further restrain the Respondents from using the name, seal. Letterhead or resources of UTAA; Appoint an Administrator, and to direct the respondent to deposit all financial records, minutes of meetings and communications issued in the name of UTAA from 30/09/2022.
Respondents UTAA
Managing Committee’s reply
The respondents had filed preliminary objections on maintainability of this petition on the ground that complainants have no locus to challenge the functioning of the committee as they are not members of society as on date.
In their reply, respondents UTAA maintained that though named as an alliance, is formed of individual members and not alliance of organizations as claimed by Complainants.
It is claimed by the Respondents that the 14 members who initially subscribed to the formation of Society are signatories in their personal capacity and they are not representatives of any organizations.
The Respondent also contended that this authority has no jurisdiction to entertain this complaint as complainant has not specified any provisions of law for filing this complaint.
District Registrar’s
observations
Upon going through the replies, arguments and documents relied by the parties and upon careful reading of byelaws of the society it is revealed as under:
The present complaint is being heard under section 20(A) of the Societies Registration Act, 1860 and therefore this authority has jurisdiction to conduct the present hearings.
Keeping apart the issue, as regards to whether members in individual capacity represents the society or they represent themselves as executive member of different Scheduled Tribes Organization. So also keeping apart the issue of conduct of elections, members, accounts of the society, (This issues will be decided upon future hearings and final arguments by the parties), it is seen that the present Executive Committee (2022 to 2025) headed by Prakash Velip has been constituted in clear violation of Rule VIII (3) of the Byelaws of the Society.
Interim order passed by
District Registrar
Considering the facts, the formation of present Executive Committee as a whole is in question and is in violation of bye laws, this Authority passes an interim order by way of Temporary Injunction retraining the present executive committee from acting, representing or functioning on behalf of UTAA or its Executive Council, including convening meetings, issuing public statements.
They are further restrained from using the name, seal, letterhead of the Society and using their designation an executive member of the Society.
No financial transactions should be undertaken by the respondents in the name of the Society or as Executive members of the Society.
This Temporary Injunction shall be effective until passing of final order in the Petition.
