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1995 Supreme(MP) 633

High Court Of Madhya Pradesh
T. S. Doabia
CHAMBAL GHATI SHIKASHA PRASAR SAMITI - Appellant
Versus
STATE OF MADHYA PRADESH - Respondents
W. P. 1117 Of 1994
Decided On : 07/14/1995

Advocates Appeared:
N.K.MODI, P.L.DUBEY

The Registrar of Societies does not have the authority to appoint an ad hoc committee or supersede an elected governing body. These powers are vested with the State Government under the M. P. Societies Ragistrikaran Adhiniyam Act, 1973.

Headnote:

SOCIETIES REGISTRATION ACT - APPOINTMENT OF AD HOC COMMITTEE - JURISDICTION OF REGISTRAR - POWER TO APPOINT AD HOC COMMITTEE - SUPERSESSION OF GOVERNING BODY - POWER VESTED WITH STATE GOVERNMENT - APPROVAL OF ELECTIONS - NOT REQUIRED - HEARING OF ELECTED MEMBERS - NECESSARY.

Fact of the Case:

An elected governing body of Chambal Ghati Shiksha Prasar Samiti, a society registered under the M. P. Societies Ragistrikaran Adhiniyam Act, 1973, passed a resolution on November 5, 1989, to hold elections on the basis of membership as it existed on that date. An election was held on December 10, 1989, and a new body was elected. Disputes arose regarding the validity of the election, leading to inquiries and court proceedings.

Finding of the Court:

The court found that the Registrar had no power to appoint an ad hoc committee under the Act. The power to supersede an elected body and appoint an administrator vested solely with the State Government. The Registrar was not competent to supersede the Governing Body.

Issues: 1. Whether the Registrar had the jurisdiction to appoint an ad hoc committee. 2. Whether the Registrar could supersede the elected governing body. 3. Whether the Registrar was required to give approval to the elections held by the society.

Ratio Decidendi: 1. The court interpreted Sections 32 and 33 of the M. P. Societies Ragistrikaran Adhiniyam Act, 1973, and held that the Registrar's powers were limited to holding inquiries into the society's affairs and did not extend to appointing ad hoc committees. 2. The court held that the power to supersede an elected governing body and appoint an administrator rested solely with the State Government under Section 33 of the Act. 3. The court held that there was no provision in the Act requiring the Registrar's approval for elections held by the society.

Final Decision: The court allowed the petition and quashed the Registrar's order appointing an ad hoc committee. The elected body was reinstated, and its tenure was not counted for the period during which it was kept out of office.

T. S. DOABIA, J.

( 1 ) THE brief facts for the purposes of this Writ Petition arc as under: an elected governing body of Chambal Ghati Shiksha Prasar Samiti. society registered under the M. P. Societies Ragistrikaran Adhiniyam Act. 1973 (hereinafter referred to as the Act) District Morena passed a resolution. on 5th of November, 1989. By this, it was decided that no new member would be induced and the election is to be conducted on the basis of membership as it was on 5th of November, 1989. It is the further case of the petitioner, that the election was in fact held and new body was elected on 10th of December, 1989. A copy of the proceedings have been placed on record as Annexure P/v.

( 2 ) THE further fact is that there was some dispute as to whether the election held on 10th of December, 1989 was rightly held or not. An enquiry was held by the Registrar. On 18th of June, 1999, it was concluded that the elected body was rightly elected An order to this effect was passed by the registrar. Copy of this is Annxeure P/vii vide order, Annexure P/viii decision P/vii was set aside by order. This happened on 21st of October, 1991. Directions were givrn to hold fresh enquiry. Order, Annexure P/ix was passed in this regard. The competent authority cams to the conclusion that the election held on 10th of December. 1989 was rightly held. This order was challenged in this Court. This Court in writ petition No. 363/1992 passed an order copy whereof is Annexure P/x. This Court came to the conclusion that tresh election should be held. A direction was also given to appoint ad hoc committee. This order was passed on 4th of March 1992. In pursuance of order, Annexure P/x, the Block Development Officer was appointed as Administrator. This has happened on 30th of April 1922. As the order dated 4th of March, 1992 was passed without hearing certain parties, a review petition was filed. This review petition was allowed by order dated 8th of May, 1992. A direction was given to the Collector, Morena that if ad hoc committee is formed, parties concerned be heard. The relevant-portion of (he order reads as under :"in the circumstances aforesaid, we have thought proper to dispose of this petition in terms of a direction to the Collector, Morena that if and when any representation is made to him either for changing the constitution of the ad hoc Committee or for the so-called present Committee incharge oi the Institution to be allowed to continue in office, he shall hear parties and make appropriate order to serve the purpose of the order we passed on 4-3-1992. We were merely anxious to see that during the interregnum between the date when the existing commttee had vacated office under the impugned order and the new Committee taking Officer after election. the Institution's interests do not suffer and the students and those who give institutions in the institution are not left in the lurch. We were anxious to see that the property cf the Institution is duly looked after and studies of the students do not suffer till the fresh elections are held. Accordingly, we direct that the Collector. Morena, while disposing of the representation made, shall take care of that situation and pass appropriate orders, accordingly. We also direct that within one month, the final election shall be held and in that regard necessary steps shall be taken by the Collector, morena "

( 3 ) ACCORDINGLY, fresh elections were held on 25th of September. 1992. These were held by the Sub-Divisional Officer Copy of the proceedings is annexure P/xiii. This election was notified and Registrar i e. Respondent no. 2 passed an order in this regard. Appointment cf Committee consisting of twelve members was taken note of. An order copy whereof is Annexure p/v was passed on 8to of March, 199. Thereafter, the same functionary, who passed the order Annexure P/xiii, passed another order, Annexure p/xvi An ad hoc committee of seven members was constituted. It is against, this order, the present wri









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