A.K.PATNAIK, AJIT SINGH, SUBHASH SAMVATSAR
State of M. P. – Appellant
Versus
Chandrashekhar Azad Shiksha Prasad Samiti, Bhind – Respondent
Patnaik, C.J. -- 1. This is a reference made to the Full Bench by an order dated 27.10.2006 passed by the Division Bench in WA 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 By an order dated 30.10.2003, the State Government, in exercise of its powers under section 33 of the Act, superseded the governing body of the respondent society and appointed an administrator of the society for a period of one year or till the conduct of the election,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 WP 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that the respondent society has not been paid any grant-in-aid since 2001 and the respondent society cannot be superseded under section 33 of the Act which provided that only a State aided society can be superseded.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 in a joint a
1. Adarsha Vidya Mandir v. State of Madhya Pradesh and others = [1983 JLJ 161
2. State of Maharashtra and others v. Nanded-Parbhani Z.L.B.M.V. Operator Sangh = [AIR 2000 SC 725]
3. Union of India and others v. Braj Nandan Singh = [AIR 2005 SC 4403]
4. Mohan Kumar Singhania and others v. Union of India and others = [AIR 1992 SC 1]
5. State of Bombay and others v. The Hospital Mazdoor Sabha and others = [AIR 1960 SC 610]
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