( 1. ) CHALLENGE in this petition under Article 226 and 227 of the Constitution is made to orders annexures P/1, P/2, P/3 and P/4 respectively. Annexure P/1 is a order dated 11. 10. 05 by which governing body of the petitioners society has been superseded and a new adhoc committee appointed. Annexure P/2 is the show cause notice dated 16. 1. 04 issued to the petitioners society under Section 33 of the M. P. Society Registrikaran Adhiniyam, 1973. Annexure P/3 is the order dated 13. 10. 05 by which members who have been nominated vide order annexure P/1 dated 11. 10. 05 have been intimated to take over charge and the order annexure P/4 dated 13. 10. 05 is a letter sent by the Secretary of the nominated body to the Bank to stay operation of the bank accounts.

( 2. ) MAHARAJA Jiwaji Rao Education Society is a society registered under the provisions of M. P. Society Registrikaran Adhiniyam, 1973 (herein after referred to as the Adhiniyam of 1973) vide registration certificate annexure P/5. Annexure P/6 and P/7 are the memorandum of association, rules and regulations and the bye-laws of the society.

( 3. ) SOCIETY in question is running two educational institutes namely the Samrat Ashoka Technology Institute (Engineering College) Vidisha and Samrat Ashoka Technology Institute (Polytechnic College) Vidisha. Both these colleges have been referred to as the Engineering College and Polytechnic College run by the society.

( 4. ) ACCORDING to the petitioners the total strength of students prosecuting their studies in both these institutes are about 4000 and both these institutes together have a strength of about 200 teaching staff, 150 non-teaching staff and about 300 class III and class IV employees. The institutes are receiving financial aid from the State Government and it is stated that the Institutes in question are two premier institutes of the State and as on date the total assets of the petitioners society is more than Rs. 663 Lacs.

( 5. ) GRIEVANCE of the petitioners society before this Court is that respondent No. 5 had been making serious endeavor since a long period of time to stall the normal functioning of the petitioners society. His aim was to take over the administration and management of the society. It is stated that the present action taken and the orders impugned in this petition with regard to super-session of the society are a result of the aforesaid efforts of respondent No. 5. It is alleged that respondent No. 5 had filed various petitions before this Court. Initially when there was some dispute with regard to election to the governing body of the society, the society was superseded by the Collector in the year 1994 and a Writ Petition No. 4/1995 filed by respondent No. 5, wherein this Court on 9. 7. 96 directed respondent No. 3 to hold elections and it was directed that the Administrator shall hand over charge to the newly elected body. It is the case of the petitioners that in compliance with the orders passed by this court elections to the society were held on 21. 4. 97and in the said election late Madhavrao Scindia was elected as President and Dr. Padamchand Jain was elected as Secretary. After holding of the election, respondent No. 3 handed over charge to the newly elected governing body of the society and since then the elected governing body is managing the affairs of the society.

( 6. ) THE validity of this elation dated 21. 4. 97 was challenged by respondent No. 5 in Writ Petition No. 628/97. This petition was dismissed vide order dated 20. 8. 98. A copy of the said order is annexure P/15 in this petition. Against this order a Letters Patent Appeal was filed before this Court which was also disposed of. Thereafter, respondent No. 5 again filed another petition on 10. 4. 01 being W. P. 662/01 wherein a prayer was made that charge of the petitioners society be given to the governing body which was functioning prior to 22. 12. 94. In this petition a order was passed by this Court vide annexure P/17 on 26