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1996 Supreme(MP) 577
1998 (2) JLJ 397
S.S. Jha, J.
Kusumbai Jain v. State of M.P. and others
W.P. No. 793 of 1995; Decided on 9.7.1996.
H.D. Gupta for petitioner; K.B. Chaturvedi, Govt. Advocate for respondent
Nos. 1 and 2; P.L. Dubey with R.V. Shanna for respondent No.3.
Headnote:(1) Society Registrikaran Adhiniyam, 1973 (M.P.) -- Ss. 40 and 32 -Registrar not holding enquiry as contemplated under S. 32 -- sending objections for comments to the administrator -- deciding objection on the basis of comments -- order is appeal-able to the State Government. [Para 6
(2) Society Registrikaran Adhiniyam, 1973 (M.P.) -- Ss. 33 (4) and 33 (1) -- administrator appointed under S. 33(1) -- powers given to do routine work or to look after day to day management -- he cannot induct new members in the superseded society -- he cannot also publish invitation for membership. [Para 6
(3) Society Registrikaran Adhiniyam, 1973 (M.P.) -- S. 9 (i) -- mode of becoming a member provided in the bye-laws of society -- other mode cannot be adopted by administrator. [Para 6
(4) Society Registrikaran Adhiniyam, 1973 (M.P.) -- S. 9(iii) -non-payment of subscription by members of the society -- termination not provided under bye-laws to be automatic -- termination can only be done as provided under bye-laws. [Para 7
¼1½ lkslkbVh jftLVªhdj.k vf/kfu;e] 1973 ¼e-iz-½ && /kkjk 40 rFkk 32 && jftLVªkj }kjk /kkjk 32 ds v/khu ;Fkk vuq/;kr tk¡p ugha dh tkuk && iz‘kklu dh vksj fVIif.k;ksa ds fy, vkifRrÙk;k¡ Hksth tkuk && fVIif.k;ksa ds vk/kkj ij vkifRrÙk dk fofu‘p; fd;k tkuk vkns‘k] jkT; ljdkj dks vihyuh; gSA ¿ iSjk 6À
¼2½ lkslkbVh jftLVªhdj.k vf/kfu;e] 1973 ¼e-iz-½ && /kkjk 33¼4½ rFkk 33¼1½ && /kkjk 33¼1½ && ds v/khu iz‘kkld fu;qDr && izkf;d dk;Z djus vFkok fnu&izfrfnu dk izca/k ns[kus dh ‘kfDr;k¡ iznÙk && og vfrf"Br lkslkbVh esa u, lnL; izfo"V ugha dj ldrk && og lnL;rk ds fy, fuea=.k Hkh izdkf‘kr ugha dj ldrkA ¿ iSjk 6À
¼3½ lkslkbVh jftLVªhdj.k vf/kfu;e] 1973 ¼e-iz-½ && /kkjk 9¼,d½ && lnL; cuus ds fy, jhfr lkslkbVh dh mi&fof/k;ksa esa micaf/kr && iz‘kkld }kjk vU; jhfr viukbZ ugha tk ldrhA ¿ iSjk 6À
¼4½ lkslkbVh jftLVªhdj.k vf/kfu;e] 1973 ¼e-iz-½ && /kkjk 9¼rhu½ && lkslkbVh ds lnL;ksa dk vfHknku dk vlank; && mi&fof/k;ksa ds v/khu lnL;rk dh lekfIr Lo;eso micaf/kr ugha && lekfIr dsoy mi&fof/k;ksa esa micaf/kr ds vuqlkj dh tk ldrh gSA ¿ iSjk 7À
1. The instant petition has been filed by the petitioner challenging the order Annexure P-4, passed by the Under Secretary, State of M.P., dated 6th June, 95 in appeal and allowing the appeal by setting aside the order passed by Registrar of Firms & Society.
2. The contention of the petitioner is that at Bhind, Kusumbai Jain Kanya Mahavidyalaya Prabandh Samiti is a registered society under the M.P. Society Registrikaran Adhiniyam, 1973 (hereinafter referred to as the' Act'). According to the petitioner, this society was superseded by the orders of Government under section 33 (1) of the Act on 13.9.91. The Sub-Divisional Officer was appointed as an administrator of the society. The administrator conducted the elections of the society on 9.9.94 and declared the results of the election. The Administrator/Sub-Divisional Officer has handed over the charge of the society to the newly elected body. After newly elected body took over the charge, an appeal was filed by respondent No.3 before the State Government assailing the ministerial work of the Registrar under section 27 of the Act. The contention of the learned counsel for the petitioner is that no appeal lay before the State Government against the ministerial act of the Registrar registering the names of elected members of the society. Learned counsel for the applicant• further submitted that since the appeal was not maintainable, the order passed by the appellate authority is non est.
3. The learned counsel for the petitioner submitted that the order of setting aside election by the State Government is on flimsy grounds. The question also arose whether the Registrar should induct the members when the society is under super-session? The administrator published advertisement in newspaper and invited application offering membership to the interested person, in daily newspaper 'Shram Sadhana' published from Gwalior. The State Government while considering the appeal was of the opinion that the appointment of the administrator is to remove blocks in the society and to keep the society in order and handover charge to the newly elected body. It is not provided under the Act. The administrator is not empowered to start movement for inducting membership in the society. The Registrar has also not invited the members who were existing on the date of super-session of the society. The Registrar has wrongly held that the membership of members have been terminated automatically. The action of the administrator was also not accepted by the State Government and State Government vide its order set aside the order dated 25.10.94 passed by the Registrar of the Societies.
4. Main question is whether the administrator can hold the elections of the body after inducting members by excluding the members existing on the roles of the society? The powers of administrator to induct or enroll new members is also to be considered. '"
5. Section 33 of the Act provides for super-session of the society and powers of the administrator are provided under sub-section (4) of section 33 of the Act. Sub-section (4) of section 33• of the Act is reproduced below for its consideration –
''The person or persons so appointed shall, subject to the control of Registrar and to such instructions as he may from time to time give, have power to exercise all or any of the functions of the governing body or of any officer of the society, and to take all such actions as may be required in the interest of the society."
Sub-section (4) of section 33 of the Act provides for powers of administrator of the superseded society.
Sub-section (4) provides that persons or person so appointed shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have power to exercise all or any of the functions of the governing body or of any officer of the society, and to take all such actions as may be required in the interest of the society. The intention of sub-section (4) of section 33 is that the admi
