The Uttar Pradesh government informed the Supreme Court that it will soon introduce legislation to repeal and replace the Societies Registration Act, 1860 in the state. The Court directed that once the proposed Bill is passed by the State Assembly, it should receive assent and be notified without delay.
A bench of Chief Justice Surya Kant and Justice Joymalya Bagchi heard an appeal concerning a Bulandshahr-based society working for destitute women, where the post of ex officio President had been held by the District Magistrate’s spouse. In a light exchange, the Chief Justice questioned the relevance of colonial era provisions that permit such positions. The state’s counsel assured the Court that the bill was in its final stages and expected to pass within two months, removing such provisions.
Recording the assurance, the Court issued directions, including placing the Bill before the Assembly within two months and regulating societies under the new Act once enacted. The Court also allowed the elected members of the Zila Mahila Samiti to carry out basic statutory functions on an interim basis until a properly elected governing body assumes charge.
The order follows the Court’s earlier suggestion that state-supported Cooperative Societies, Societies and Trusts be required to follow democratic structures and model bye-laws aligned with public accountability, ending practices that grant ex officio posts to relatives of government officials.
During the hearing, counsel for the petitioner highlighted that the society was functioning without a proper management structure after the amendment enabling the DM’s spouse to serve as President and the subsequent elections were struck down. The Court agreed that essential functions needed to continue until the new legislation is in force.
