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2012 Supreme(MP) 1082
MADHYA PRADESH HIGH COURT AT GWALIOR BENCH
Brij Kishore Dube, Sheel Nagu, JJ.
Shri Suprabhat Chauksey & Anr. - Appellant
Versus
State of M.P. & Ors. - Respondent
W.A. No. 33-2011
Decided On : 17-10-2012
For appellant :Mr. Rohit Arya, Senior Advocate with Mr. Anil Mishra, Mr. Tapan Trivedi , Mr. Purushottam Rai, Advocate
For respondent No. 1, 2 , 3:Mr. R.P. Rathi, Govt. Advocate
For respondent No. 4: None
For respondent No. 6 to 8:Mr. V.K. Bharadwaj, Senior Advocate with Mr. Anand Bharadwaj, Advocate
For respondent No. 9:Mr. Ravindra Dixit, Advocate
For respondent No. 10:Mr. H.D. Gupta, Senior Advocate with Mr. Santosh Agrawal, Advocate
For respondent No. 11: None
The State Government's decision to remand the matter for reconsideration was reasonable and within its powers under Section 40 of the Adhiniyam.
Headnote:
Registrar - Dispute of Society Membership - Section 40 of MP Society Registrikaran Adhiniyam 1973 - [Section 40] - The court discussed the legality, validity, and propriety of the impugned order passed by the State Government, which set aside the order of the Registrar dated 19.06.2008 and remanded the matter for reconsideration. The State Government assigned two reasons for its decision, and the court analyzed the reasons and their relevance to the case.
Fact of the Case:
The case involved a dispute over the membership of a society and the legality of the order passed by the State Government, which set aside the order of the Registrar dated 19.06.2008 and remanded the matter for reconsideration.
Finding of the Court:
The court found that the State Government's decision to remand the matter for reconsideration was reasonable and within its powers under Section 40 of the Adhiniyam. The court also addressed objections raised by the respondents regarding the effect of elections held in 2011 and the maintainability of the writ appeal.
Issues: The main issues involved the legality and propriety of the State Government's decision to set aside the Registrar's order and remand the matter for reconsideration, as well as objections raised by the respondents regarding the effect of elections held in 2011 and the maintainability of the writ appeal.
Ratio Decidendi: The court held that the State Government's decision to remand the matter for reconsideration was reasonable and within its powers under Section 40 of the Adhiniyam. The court also addressed objections raised by the respondents regarding the effect of elections held in 2011 and the maintainability of the writ appeal.
Final Decision: The writ appeal was allowed, and the order of the learned Single Judge dated 22.11. 2010 passed in W.P. No. 6019/2009 was set aside.
Sheel Nagu, J.:-
This writ appeal filed under Section 2 (1) of the Madhya Pradesh Uccha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam 2005 assails the final order dated 22.11. 2010 passed in W.P. No. 6019/2009 whereby while allowing the said petition the writ court has quashed the order dated 07/11/2009 of the State (Annexure P-1) by which allowing an appeal filed u/S. 40 of MP Society Registrikaran Adhiniyam 1973 (Adhiniyam for brevity) by quashing the order of the Registrar dated 19.06.2008 and remanding the matter to the Registrar for reconsideration of the issue concerned.
2. Learned counsel for the rival parties are heard at length.
3. Since the issue involves a checkered history it would be apt to deal with the factual matrix of the case in chronological manner;-
| Date | Events |
| 12.01.2008 | General body meeting of the society held and it is resolved that due to expiry of 3 years, of tenure of 'governing body, in January, 2008, fresh election be held for conduction of which request be made to Assistant Registrar Firm and Society Gwalior. |
| 14.01.2008 R | Request made to the Assistant Registrar Firms and Society for conductions of election on 25.01.2008 Assistant Registrar declined the said request contending that there is no enabling provision in the Adhiniyam. |
| WP.Np.545/2008 | Filed by Snit. Kailash Chouhan seeking direction from "the Court to Assistant Registrar to hold election as -the authority had declined to do so despite request made by the society in that regard. |
| 31.01.2008 | WPNo.454 2008 disposed of with direction to Assistant Registrar to proceed to conduct election in accordance with law within two months. |
| 6.02.2008 | One of the rival groups holds election wherein the previous president Kamlesh Chouhan is re-elected as executive member. |
| WA.No.168/2008 (Filed on 13.03.08) | Filed by Smt. Poonam Chouksey assailing the order dated 31.012008, primarily on the ground that the order dated 31.01.2008 in W.PNo. 454/2008 has been passed in ignorance of the relevant fact of election already having been held on 06.02.2008. |
| 19.03.2008 | W.A. No. 168/08 is disposed of by holding that cause of the election dated 06.02.2008 raised by the writ appellant is subsequent in point of time to order dated 31.01.2008 passed in W.P.No.454 2008 which is impugned in WA.No.168/08 and therefore, cannot form part of the process of adjudication in the writ appeal and thus, writ appeal was disposed of by observing that the order passed in the the writ appeal will not come in way of the authorities to consider the matter. |
| 11.03.2008 | Assistant Registrar pursuant to order dated 31.01.2008 in WP.No. 545/2008 publishes election programme after receipt of two lists of valid voter members one from Shri Ram Singh Dhakre and the other from Shri Suresh Kumar Chouksey |
| 12.03.2008 | A order of Assistant Registrar publishing provisional voter list of valid member voters for elections, and invites objections to the said provisional voter list till 19.03.2008. |
| 19.03.2008 | Final voter list is published after deleting the name of Suprabhat Chouksay. |
| 29.03.2008 | Election to the governing body of Society is held by the Assistant Registrar. |
| Two Appeals are filed under Section 40 of the Adhiniyam. | First against the order dated 19.03.2008 and the other against order dated 29.03.2008 before the Registrar. |
| WP.No.1438/08 | Filed assailing letter/order dated 11.03.2008 of Assistant Registrar notifying election as per direction in W.P.No. 545/2008 and also against the order dated 12.03.2008 of the Assistant Registrar summoning the list of members of the Society and inviting objections for finalization of the list of members for holding elections and also ag |
