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2007 Supreme(MP) 1083

AJIT SINGH, A.K.PATNAIK, SUBHASH SAMVATSAR
State of M. P. – Appellant
Versus
Chandra Shekhar Azad Shiksha Prasad Samiti, Bhind – Respondent


Advocates apperaed:
S. B. Mishra Addl. Adv. General with Mrs. Ami Prabal, Deputy Adv. General, for Appellants; P. S. Bhadoriya, B. S. Bhadoriya, MPS Raghuvanshi and Shailendra Singh Kushwah, for Respondents.

Judgement

A. K. PATNAIK, C. J. :- This is a reference made to the Full Bench by an order dated 27-10-2006 passed by the Division Bench in W. A. No. 138/2006.

2. The facts leading to the reference are that the respondent is a Society registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (for short 'the Act'). By an order dated 30-10-2003, the State Government in exercise of its powers under Section 33 of the Act superseded the governing body of the respondent society and appointed an administrator of the Society for a period of one year or till the conduct of the election whichever was earlier. The respondent society challenged the order dated 30-10-2003 of the State Government in W.P. No. 478/2004 before this Court contending that the respondent society has not been paid any grant-in-aid since 2001 and the respondent society cannot be superseded under Section 33 of the Act which provided that only a State aided society can be superseded. The appellants in their return filed in the writ petition, on the other hand, stated that a block grant was paid to the respondent society by the State Government and a grant of Rs. 3,38,977/- for the year 2001-2002 was deposited



































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