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2025 Supreme(Online)(MP) 1930
HIGH COURT OF MADHYA PRADESH
SHRI JUSTICE SUBODH ABHYANKAR, SHRI JUSTICE PREM NARAYAN SINGH, JJ
Anil Sanghvi – Appellant
Versus
Registrar Firms And Societies – Respondent
WP 27769/2023
Vinay Gandhi,Advocate General
The court affirmed that the valid voter list for conducting elections is the one submitted on 15.03.2024, rejecting the previous list dated 30.01.2016 as per Supreme Court directives.
Headnote:(A) Madhya Pradesh Societies Registration Act, 1973 - Sections 27 and 40 - Election of governing body of a society - Petitioners sought to conduct elections based on the list of members dated 30.01.2016, which was previously deemed valid - Supreme Court remanded the case for fresh determination of the voter list - High Court found the list submitted on 15.03.2024 to be valid and directed elections accordingly. (Paras 1, 3, 60)
(B) Judicial Impropriety - High Court's order contradicting the Supreme Court's directive regarding the voter list was criticized as an act of judicial impropriety. (Paras 74, 60)
Facts of the case:
Petitioners filed a petition under Article 226 seeking elections for the governing body of a society, claiming the list dated 30.01.2016 was valid. The Supreme Court had previously directed that elections not be held based on this list. (Paras 1, 3)
Findings of Court:
The High Court found the list of members as of 15.03.2024 to be valid and directed the Registrar to conduct elections based on this list. (Paras 60)
Issues: The main issues included the validity of the voter list and the legality of the elections conducted based on the list dated 30.01.2016. (Paras 60, 74)
Ratio Decidendi: The court emphasized that the list of members as of 15.03.2024, submitted with requisite fees, is valid, and the previous list dated 30.01.2016 cannot be used for elections. (Paras 60, 59)
Result: The petition was disposed of with directions to conduct elections based on the valid list of members as of 15.03.2024.
ORDER
Per: Justice Subodh Abhyankar
Heard finally, with the consent of the parties.
1] This petition has been filed by the petitioners Anil Sanghvi and Chandan Sanghvi w/o. Anil Sanghvi, under Article 226 of the Constitution of India, seeking election of Shri Astha Foundation for Education (hereinafter referred to as the Society), a society registered under the Madhya Pradesh Societies Registrikaran Adhiniyam, 1973 (hereinafter referred to as the Adhiniyma of 1973).
2] Before we proceed further, looking to the chequered history of this case, it would be necessary to take note of the fact that this is the third round of hearing of this petition after it has been remanded back to this Court by the Supreme Court in Civil Appeal No.1249/2025 vide its order dated 04.02.2025, what transpired until now can be very well ascertained by the aforesaid order passed by the Supreme Court itself, which, we find expedient to reproduce herein as certain guidelines have also been issued by the Supreme Court for us to keep in mind while passing the order.
3] The order dated 04.02.2025, passed by the Supreme Court in Civil Appeal No.1249/2025 reads as under:-
“The submissions were heard on the earlier date. The issue involved is very simple. A Division Bench of the High Court of Madhya Pradesh at Indore by judgment and order dated 23rd April, 2024 in Writ Petition No.27769 of 2023 dealt with the issue of conduct of election of the governing body of a Society registered under the Madhya Pradesh Societies Registration Act, 1973 which is known as “Shri Astha Foundation for Education”. Following is the operative part of the order passed by the High Court.
“14. Resultantly, this petition stands finally disposed off with the following directions:
“1.The Registrar, Firms and Societies is directed to perform the statutory duty and act upon the representation made by the petitioners and conduct free and fair election of the society as per the list of members and governing body of the last election dated 30.01.2016 in accordance with law, forthwith.
2. It has also been brought to the notice of this Court that the documents and funds of the society are mismanaged and, therefore, in the considered opinion of this Court, till the new elected body is in place/assumes charge, both the parties are restrained from operating bank accounts or from taking any financial or other decisions related to the society in question.
3.The Registrar, Finns and Societies after the election is conducted shall handover the charge, papers as well as properties/institutions to the newly elected governing body in accordance with law forthwith.
4. The Registry is directed to communicate this order to the Registrar, Firms and Societies, Indore immediately.”
(Underline supplied)
This judgment and order was challenged by some of the aggrieved parties by preferring Civil Appeal No.6448 of 2024. By a judgment and order dated 15th May, 2024 in Civil Appeal No.6448 of 2024, this Court passed the following order:
“Applications seeking permission to file the Special Leave Petitions are allowed.
Leave granted.
Perused the impugned judgment and order and the operative directions in paragraph 14 of the impugned judgment and order. We find that the High Court is right in holding that free and fair elections of the Society must be held. However, the direction of the High Court is to conduct the elections on the basis of the list of members/voters as existed on 30th January, 2016. Obviously, elections which will be held in 2024 cannot be on the basis of the list of members/voters as prevailing on 30th January, 2016. That part of the impugned judgment and order of the High Court cannot be confirmed.
As far as clause (2) of paragraph 14 of the impugned judgment and order is concerned, the direction appears to be that the bank accounts of Astha Foundation For Education Society shall not be operated. We find no reason to disturb the said direction. However, if money is required for running of any of the educational in
