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1999 Supreme(MP) 213
High Court Of Madhya Pradesh
R. S. GARG
SUJIT KUMAR BANERJEE - Appellant
Versus
STATE OF MADHYA PRADESH - Respondents
W. P. 3368 Of 1998
Decided On : 03/11/1999
A.Mukhopadhyay, P.D.GUPTA, R.D.Hundikar
An administrator appointed under Section 33(4) of the M. P. Societies Registrikaran Adhiniyam, 1973, has no power to enrol new members.
Headnote:
SOCIETIES - M. P. Societies Registrikaran Adhiniyam, 1973 - Section 33(4) - Administrator appointed under - Powers and functions - Enrolment of new members - Administrator has no power to enrol new members.
Fact of the Case:
The petitioner challenged the action of the administrator appointed under Section 33 of the M. P. Societies Registrikaran Adhiniyam, 1973, in inducting new members into the society. The petitioner contended that the administrator had no authority to do so and that the elections should be held with the members who were on the roll on the date of supersession.
Finding of the Court:
The court held that the administrator appointed under Section 33(4) of the M. P. Societies Registrikaran Adhiniyam, 1973, has no power to enrol new members. The court relied on the judgment of the Supreme Court in K. Shantharaj v. M. I. Nagaraja, (1997) 6 SCC 37, which held that an administrator appointed under a similar provision in the Karnataka Co-operative Societies Act, 1959, had no power to enrol new members.
Issues: Whether the administrator appointed under Section 33(4) of the M. P. Societies Registrikaran Adhiniyam, 1973, has the power to enrol new members.
Ratio Decidendi: The court held that the administrator appointed under Section 33(4) of the M. P. Societies Registrikaran Adhiniyam, 1973, has no power to enrol new members. The court relied on the judgment of the Supreme Court in K. Shantharaj v. M. I. Nagaraja, (1997) 6 SCC 37, which held that an administrator appointed under a similar provision in the Karnataka Co-operative Societies Act, 1959, had no power to enrol new members. The court held that the administrator's power to exercise the functions of the governing body is subject to the control of the Registrar and that the administrator cannot act contrary to the bye-laws of the society.
Final Decision: The court allowed the petition and directed the Registrar to issue instructions to the administrator to hold elections at the earliest. The court also directed that the elections must be held within a period of two months from the date of the order.
( 1 ) BY this petition under Art. 226 of the Constitution of India, the petitioner seeks the relief that by appropriate writ or direction the respondents be directed not to admit new members to the roll of Siddhi Bala Bose Library Association, Jabalpur and the respondents should hold the elections with the members who were on the roll of the association on the date of supersession.
( 2 ) THE details of the case are not necessary as the controversy is very short. Undisputedly, the Siddhi Bala Bose Library Association (Association for short) is a registered society under the provisions of the M. P. Societies Registrikaran Adhiniyam, 1973. The society is governed by its bye-laws and the provisions of the 1973 Adhiniyam. It appears that some time back the council of the society was superseded and an administrator was appointed. The administrator while holding the office, started admitting new members in the roll of the society therefore, the petitioner filed writ petition No. 2327/98 which was disposed of by this Court on 17-7-98 giving opportunity to the petitioner that he can approach to the authority who shall decide the representation made by the petitioner in accordance with law and the said authority/registrar shall also pass a speaking order. It appears that after disposal of that petition, the Registrar could pass the final order on 5-9-98, which is available on record as Annexure P-4. This petition appears to have been filed somewhere in August, 1998 much before the Registrar could pass the order.
( 3 ) ACCORDING to the petitioner, an administrator appointed under the provisions of Section 33 is not entitled to induct new members but has only to look into the affairs and management of the society and has to take care of the interest of the society. The petitioner submits that in view of the language of Section 33 (4) of 1973 Adhiniyam, the administrator has no authority or power to induct new members but has to hold the elections with the members who were on roll on the date of the supersession.
( 4 ) RESPONDENTS Nos. 1 and 4 submit that in view of the language of Section 33 (4) of 1973 Adhiniyam, the Registrar has fullest power of the governing body/council therefore, and as the bye-laws of the society authorise the council to induct ordinary members, the administrator could induct the members. The respondents Nos. 2 and 3 in their return have submitted that in view of the language of Section 33 (4) of 1973 Adhiniyam and also in view of the directions given by the Registrar of the Societies, the administrator was entitled to admit the members on roll and such action of the administrator cannot be condemned. It is submitted on behalf of the respondents Nos. 2 and 3 that as alternative and efficacious remedy of an appeal under Section 40 of 1973 Adhiniyam is available to the petitioner, this Court should not interfere in the matter at this stage.
( 5 ) LEARNED counsel for the petitioner in reply, referring to the language of Karnataka Co-operative Societies Act, which was under consideration before the Supreme Court submits that the language of the said section is pari materia with the language of Section 33 (4) of 1973 Adhiniyam therefore, the petitioner is entitled to the relief prayed for.
( 6 ) I have heard the parties at length.
( 7 ) ACCORDING to bye-law No. 8 of the bye-laws framed and adopted by association, the Library Association in general meeting of its members shall have powers to recognise and enlist persons as patrons, sympathisers, life and honorary members. According to the said bye-law the general body is not require to recognise or enlist ordinary member or confer membership on an ordinary member. According to bye-law No. 8 (b) any person on his application in the prescribed form and on his paying the stipulated fees may become ordinary member unless otherwise his membership is disqualified by the council or management at its meeting, for adverse reasons. From the perusal of bye-law No. 8 (
