RANCHI, India, June 4 -- Jharkhand High Court issued the following order on April 4:
1. Heard Mr Abhay Kumar Mishra, learned counsel for the petitioner and Mr Gaurav Raj, learned A.C. to A.A.G-II for the State.
2. This petition challenges the Jharkhand Society Registration Rules, 2025 (the said Rules), on the grounds that the said Rules are ultra vires the parent act i.e. the Societies Registration Act, 1860, as applicable to the State of Jharkhand.
3. On 29.04.2026, when this matter was first heard, Mr Abhay Kumar Mishra had raised only one ground namely that the laying down procedures prescribed under Section 24(3) of the said Act not being complied with, the said Rules should be declared as ultra vires.
4. Therefore, we adjourned the matter to enable Mr Gaurav Raj to obtain instructions concerning the above-referred sole ground.
5. Mr Gaurav Raj obtained instructions and made submissions on the above ground today. Mr Mishra, however, today argues that, in addition to the above challenge, Rule 9 of the said Rules is ultra vires because it provides a mechanism for the adjudication of disputes in relation to the members of the Society. He submits that there is no such substantive provision in the said Act, and in the absence of any substantive provision in the said Act, no such mechanism could have been introduced through Rule 9 of the said Rules. He submitted that Rule 9 of the said Rules is therefore, plainly ultra vires the parent act, i.e. the said Act.
6. We have considered both the submissions made by Mr Mishra and Mr Gaurav Raj's response thereto, and now we proceed to dispose of this petition.
7. As regards the first ground of challenge, we refer to Section 24 of the said Act as applicable in the State of Jharkhand and transcribe for the same herein below for the convenience of reference: -
"24. Power of the State Government to make Rules. -
(1) The State Government may, after previous publication, make rules hot inconsistent with this Act for carrying out the purposes of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, the State government may make rules
(a) prescribing the form of the register of society, and the mode in which entries relating to registration are to be made therein and the mode in which such entries are to be amended or notes made therein;
(b) regulating the filling of documents received by the Inspector General of Registration;
(c) prescribing the authority before whom and the time within which an appeal shall be preferred under subsection (2) of section 23 and the manner in which such appeals shall be considered and disposed of;
(d) prescribing conditions for the inspection of original documents;
(e) regulating grant of copies of document; and
(f) providing for any other matter for which there is no provision or insufficient provision in this Act and for which provision is, in the opinion of the State Government necessary for giving effect to the purposes of this Act.
*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x4M7zhaw6%2BqaoTjxHBE%2BZ%2FAZrQ0bN3IpHA2xRevatYF5&caseno=WPC/2131/2026&cCode=1&cino=JHHC010375632025&state_code=7&appFlag=)
Disclaimer: Curated by HT Syndication.
