In what could be a setback for Congress Government in the State which has cancelled the lease of Himachal Pradesh Cricket Association (HPCA) and ordered midnight coup on its properties, the HP Registrar for Societies on Monday upheld the objections to the show cause notice issued on the ground of jurisdiction and accepted that association is a company but maintained that he has full control over it as society.
HPCA has claimed itself as not for Profit Company registered under Companies Act, and in the objections filed before the Registrar, has questioned his jurisdiction for issuing show cause notice. In his five page order, the Registrar said that it has upheld the objections raised by the HPCA with regard to the jurisdiction of the Registrar.
Having restrained by the Himachal Pradesh High Court not to enter upon any other issue of contention till the issue of jurisdiction of Registrar in the matter is decided, the HP Registrar for societies pronounced its order regarding its locus standi on the show cause notice issued on September 7, 2013 to HPCA.
HP Registrar for societies RD Nazim said in his order, “It should be made clear that registrar would be having full powers and jurisdiction under the Societies Act, to look into the functioning of HPCA as society registered or deemed to have been registered under the provisions of the Societies Act, till such time that the juristic person created under the said Act, does not cease to exist in accordance with the provisions of the said Act,” said the order.
Registrar also refuted the allegations of bias levelled by HPCA during the course of argument by its lawyers, as well as in written arguments submitted by the association. The HPCA had alleged that the Registrar had issued a letter to Board of Cricket Control in India (BCCI) on September 25 to adversely affect the rights of the company with malicious motive and to harm the interest of company.
Association also alleged that the Registrar is completely biased against the HPCA and not in a position to take a fair and objective decision in the matter. Registrar in its order clarified and accepted that the letter was written to BCCI with the objects to point out the true facts about the affairs of HPCA as per the available records with registrar of societies.
“The Registrar had not written this letter with any malice or mala fide or to harm the reputation of the petitioners. The petitioners (HPCA) have levelled frivolous allegations against the Registrar where as he has acted in fair and bonafide manner and has even upheld the objections filed by the association regarding jurisdiction relating to company registered under Companies Act,” said the Registrar in his five page order.
Meanwhile, HPCA hailed the order of the Registrar of societies for upholding the objections to the show cause notice on the ground of jurisdiction. The Association claimed that it had taken all requisite permission under law for running various activities from the State Government, Central Government, company law board and the BCCI and have done nothing against the law of the land.