The court emphasized the necessity for reasoned decisions in administrative orders, particularly regarding compliance with statutory requirements.

ORDER :

Gurpal Singh Ahluwalia, J.

This Petition under Article 226 of Constitution of India has been filed against order dated 25.07.2023 passed by Principal Secretary, Department of Industrial Policy and Investment Encouragement in File No.F-IPI/02/2022/B-11, Bhopal.

2. It is the case of petitioner that petitioner is a Society registered under the Madhya Pradesh Society Registrikaran Adhiniyam. A show-cause notice dated 25.09.2017 was served upon petitioner requiring it to submit an information under Section 27/28 of Madhya Pradesh Society Registrikaran Adhiniyam. Petitioner submitted the information to the respondent within stipulated period and paid the deficit amount. The information dated 12.12.2017 has been filed as Annexure P/3. By order dated 19.09.2019, respondent No.3/Assistant Registrar, Firms and Societies cancelled the registration of petitioner Society for non fulfillment of requirements of Section 27/28 of Madhya Pradesh Society Registrikaran Adhiniyam. The said order was passed on the basis of complaint made by respondents No.5 and 6 in personal and revengeful manner.

3. Being aggrieved by order passed by Assistant Registrar, Firms and Societies, petitioner preferred an appeal before Registrar, Firms and Societies, which was partially allowed by order dated 18.12.2020 and petitioner was directed to submit an information under Section 27/28 of Madhya Pradesh Society Registrikaran Adhiniyam within a period of one month with a further stipulation that in case, if petitioner fails to comply the aforesaid direction, then respondent shall be free to take action in accordance with law. It is the case of petitioner that accordingly, on 12.01.2021, petitioner submitted its information under Section 27/28 of Madhya Pradesh Society Registrikaran Adhiniyam with requisite fees.

4. Being aggrieved by order dated 18.12.2020, respondents No.5 and 6 preferred an appeal under Section 40 of Madhya Pradesh Society Registrikaran Adhiniyam before the Principal Secretary, Department of Industrial Policy and Investment Encouragement. By the impugned order dated 25.07.2023, the appeal has been allowed.

5. Challenging the order passed by respondent No.2, it is submitted by counsel for petitioner that petitioner Society is involved in social services. After cancellation of registration, the Registrar, Firms and Societies by its order dated 18.12.2020 had permitted the petitioner to submit requisite information within a period of one month, which was duly complied by petitioner. Audits of Society were conducted from time to time and because of inadvertent mistake, information was not sent to the concerning authority. Audit was conducted by Shri Atul Agrawal, Charted Accountant, whose report was submitted. However, respondent No.5 also threatened Shri Atul Agrawal of taking a false action against him. Parliamentarian fund as mentioned in the appeal by respondent No.5 was not received by petitioner Society. Whatever works were done by petitioner Society were executed by Public Works Department. All the instructions issued to the Society by the Registrar from time to time were complied with. However, on account of some bonafide mistake information could not be submitted, which has been done now. Various social activities were organized by petitioner Society in Tahsil Waraseoni, District Balaghat. Since petitioner was not aware of the requirements of Section 27 and 28 of Madhya Pradesh Society Registrikaran Adhiniyam, therefore, information was not filed and the said aspect has been rectified by petitioner.

6. Respondent No.5 has filed his return. It is submitted by counsel for respondent No.5 that there is no authorization letter in favour of Shri Lakhiram Ramchandani to file present petition. Without any authorization, he is not competent to file present petition on behalf of the Society. Respondent No.5 was raising regular objections against the irregularities committed by petitioner Society mainly on the ground that Samiti do not carry out its a