APHC010609692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3460] FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY WRIT PETITION NO: 31733/2025 Between: 1. SRI SEETHA RAMANJANEYA DHARMA CHALIVENDRA SRI RAMA SEVA SANGHAM, (REG. SOC. NO. 210 OF 1982), KORRAPADU, SATTENAPALLI, GUNTUR DISTRICT. REP. BY ITS AUTHORIZED SIGNATORY AND PRESIDENT, Y. VENKATA SUBBA RAO, S/O Y. KOTESWARA RAO, KORRAPADU, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, STAMPS AND REGISTRATION DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. 2. THE COMMISSIONER FOR COOPERATION AND REGISTRAR OF COOPERATIVE SOCIETIES, D.NO 2-16- 83, SKYLARK TOWERS, 11TH LANE, SYAMALA NAGAR, GUNTUR. 3. THE DISTRICT REGISTRAR OF SOCIETIES AND DISTRICT REGISTRAR, NARSARAOPET, GUNTUR DISTRICT. 2 ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue any Writ, Order or Direction more particularly writ in the nature of MANDAMUS declaring the IS action of the 3rd respondent in issuing the acknowledgment dated 28.06.2025 rejecting the petitioner societys Application vide Application No. ATS012500116261 dated 28.06.2025 as ultra vires, illegal, arbitrary and against the provisions of Societies Registration Act, 2001 besides being violative of principles of natural justice and consequently direct the 3rd respondent to receive the annual list of the managing committee of the petitioner society and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the 3rd respondent to receive the annual list submitted by the petitioner’s society and pass Counsel for the Petitioner: 1. GOLI GANESH VENKATA SATYA SAI Counsel for the Respondent(S): 1. GP FOR REGISTRATION AND STAMPS The Court made the following: 3 THE HON’BLE SRI JUSTICE NYAPATHY VIJAY W.P.No.31733 of 2025 O R DE R: The present Writ Petition is filed questioning the rejection of members list (Application No.ATS012500116261) of the Petitioner/Society vide impugned order dated 28.06.2025, as illegal and arbitrary. 2. The Petitioner is a Society (hereinafter referred to as ‘the Society’) established in the year 1982 with 11 members, which was registered under Societies Registration Act, 1860 (Act No.21 of 1860) with an intention to render social and devotional services to the Society. The Act 21 of 1860 was repealed and Andhra Pradesh Societies Registration Act, 2001(Act 35 of 2001) was enacted. The Section 32 of the Act 35 of 2001 by fiction deemed the Societies registered under Act 21 of 1860 as Societies under the Act 35 of 2001. The Petitioner, as required under Section 9 of the Act, sent a list of members to the Registrar. However, the same was rejected on the ground that the list sent earlier containing names of members was not tallied. Questioning the same, the present Writ Petition is filed. 4 3. Learned counsel for the Petitioner submits that some of the erstwhile founding members have expired and their successors were added as members of the Society, apart-from that some other individuals were included for continuing better services to the Society. Therefore, the rejection by the Registrar cannot be sustained and relied upon the decision of this Court reported in Dr. Raghavarao Polavarapu and Ors. Vs. The State of Andhra Pradesh and Ors.1 4. Learned Assistant Government Pleader submits that the Registrar is not bound to accept every list that was communicated. It was further submitted that Registrar is entitled to reject the list and in this case, a preliminary verification is made and impugned order of rejection cannot be found faulted. 5. Heard the respective counsel. 6. Section 9 of the Act reads as under:- “Filling of Annual List: Every year, the society shall within fifteen days from the date on which the General Body meeting was held furnish a list to the Registrar of Societies which shall 12022(2) ALD 31 5 contain the names and address of the members of the managing committee and officers entrusted with the management of the affairs of the society”. 7. The above provision only obligates the Society to communicate the list of members and there is no power vested in the Registrar to reject the same. The only obligation that is cast under Section 9 is that a valid General Body Meeting should have been conducted and nothing more is required. 8. A coordinate bench of this Court in Dr.Raghavarao case (1 supra) held that the Registrar under Section 9 has no power either to “accept” or to “reject” annual list, but can only acknowledge its receipt. In view of the same, the impugned order is set-aside and this Writ Petition is allowed with the following directions:- (i) The Registrar is directed to accept and acknowledge the list of members communicated by the Petitioner/Society. (ii) There shall be no order as to costs. 6 As a sequel, the miscellaneous petitions, if any, pending in this Petition shall stand closed. __________________ NYAPATHY VIJAY, J Date: 23.01.2026 chs 7 THE HONOURABLE SRI JUSTICE NYAPATHY VIJAY 104 WRIT PETITION NO:31733/2025 Dt. 23.01.2026 chs