The main legal point established in the judgment is that the definition of 'state-aided society' under the Act and the principles of natural justice in procedural matters are crucial in determining the applicability of government actions to a society.

( 1 ) INVOKING the extraordinary jurisdiction of this Court under Articles 226 and 227 of the Constitution of India the petitioner, a society registered under the M. P. Societies Registrikaran Adhiniyam, 1973 (hereinafter referred to as 'the Act') has prayed for issue of a writ of certiorari for quashment of the order dated 21-6-2000. Annexure-P-4, issued by the respondent 2.

( 2 ) THE facts as have been uncurtained are that the petitioner-society was established in the year 1971 with the object of promoting Homeopathic System of Medicine through education. With the aforesaid intention it has established a Homeopathic Medical College in the township of Chhatarpur. The said Institution is recognised by the National Homeopathic Council of India and is affiliated with Doctor Hari Singh Gour Vishwavidayalaya, Sagar. The society has its own bye-laws and it functions according to the requirement of the said bye-laws. The society is managed by its executive body which is constituted from amongst its members. It is averred in the writ petition that the executive body so constituted is also the 'governing Body' of the society within the meaning of S. 3 (a) of the Act. It has been putforth that recently there has been a fresh election on 22-7-2000 and the new Governing Body has come into existence. It has been averred that the petitioner-society since its establishment in the year 1971 has received no aid or grant from the State Government except assistance of Rs. 50,000/- which was given to it prior to 1990-91. According to the writ petitioner, the society is not a State-aided Society and, therefore, the State Government has no control over the affairs of the Society. The State Government is only the appellate authority under S. 40 of the Act. It has been pleaded that the respondent 3, the Registrar, Firms and Societies had initiated an enquiry into the affairs of the society for which an enquiry officer was appointed who conducted the inquiry and submitted a report to the respondent 3 who passed order on 17-11-1999, contained in Annexure-P-2. Against the aforesaid order one Ashok Kumar Chourasiya preferred an appeal to the State Government under S. 40 of the Act. The respondent 2, the Under Secretary in the Department of Commerce and Industries acting on behalf of the State Government set aside the order dated 17-11-1999 passed by the respondent 3 and directed the matter to be looked into comprehensively and further action be taken accordingly. The said order dated 6-5-2000 has been brought on record as Annexure-P-3. As has been setforth in the writ petition while the matter stood thus, respondent 2 issued an order dated 21-6-2000, Annexure-P-4, passed in exercise of powers conferred upon the State Government under S. 33 of the Act appointing the respondent 4, the General Manager, District Commerce and Industry Centre, Chhatarpur to supervise the affairs of the society. It has been further put forth that the respondent 2 has referred to the notice to the show cause and the findings as per Annexure-P-5. It is averred in the writ petition that annexure-P-4 does not Indicate the date of show cause and in any case the petitioner had not received any show cause. It is further urged in the writ petition that the respondent 2 has no authority in law to take action under S. 33 of the Act as the petitioner-society is not a State-aided society.

( 3 ) A return has been filed by the answering respondents contending, inter alia, that the petitioner-society is a 'state Aided Society' as it has received aid of Rs. 50,000/-from the State Government and, therefore, the action taken vide Annexure-P-4 is totally defensible. It is further highlighted that the show cause was duly issued to the petitioner-society through the Collector, Chhatarpur. It has been putforth that the show cause notice bears the date and the allegation on that score is absolutely incorrect. The notice to show cause has been brought on record as Annexure-R-2.

( 4 )