IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 29^th OF MAY, 2024 WRIT PETITION No. 13127 of 2024 BETWEEN:-

MAHENDRA SINGH PAWAR S/O LATE SHRI MADHAV SINGH, AGED ABOUT 60 YEARS, OCCUPATION: GOVT EMPLOYEE, PRESIDENT HINDU JANJAGRAN SAMITI, DHANPURI, DISTRICT SHAHDOL (MADHYA PRADESH)

.....PETITIONER (BY SHRI BHAGWAN SINGH THAKUR - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH THE PRINCIPAL SECRETARY, MINISTRY OF FUNDS AND SOCIETY, VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. REGISTRAR, FIRMS AND SOCIETIES, MADHYA PRADESH, FIRST FLOOR, BLOCK- D, VINDHYACHAL BHAWAN, BHOPAL (MADHYA PRADESH)

3. ASSTT. REGISTRAR, FIRMS AND SOCIETIES, REWA DIVISION REWA (MADHYA PRADESH)

4. THE COLLECTOR, SHAHDOL, DISTRICT SHAHDOL (MADHYA PRADESH)

5. SUB DIVISIONAL OFFICER, SOHAGPUR, DISTRICT SHAHDOL (MADHYA PRADESH)

6. VINOD SHARMA S/O LATE SHRI BALESHWAR PRASAD SHARMA R/O WARD NO.20, DHANPURI, DISTRICT SHAHDOL (MADHYA PRADESH)

.....RESPONDENTS Signature Not Verified Signed by: SHUBHANKAR (STATE BY SHRI MOHAN SAUSARKAR - GOVERNMENT ADVOCATE)

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This petition coming on for admission this day, the court passed the following:

O R D E R

This petition under Article 226 of Constitution of India has been filed seeking following relief(s):-

(i) A writ in the nature of Mandamus, commanding the respondents to produce entire record relating to information submitted by the petitioner and Resp. No.6 before Resp. No.3 for reference and perusal of this Hon'ble Court.

(ii) A writ in the nature of Mandamus commanding the Resp. No.3 to make enquiry against affair of the society. Particularly information/ return of the society submitted by the Resp.No.6.

(iii) Any other relief which this Hon'ble Court may deems fit and proper, including the cost of the litigation.

2. There appears to be a claim and counter-claim with regard to the Chairmanship of the Society.

3. Be that whatever it may be.

4. The only question for consideration is as to whether the complaint which has been made by petitioner is in accordance with provisions of Section 32 of Madhya Pradesh Society Registrikaran Adhiniyam or not? 5. Section 32 of Madhya Pradesh Society Registrikaran Adhiniyam reads as under:-

"32. Enquiry and settlement of disputes.- (1) The Registrar may, on his own motion or on an application made under sub-section (2) either by Signature Not Verified Signed by: SHUBHANKAR himself or by a person authorised by him, by order in writing, hold an enquiry into the constitution, working and financial conditions of a society.

(2) An enquiry of the nature referred to in sub-section (1) shall be held on the application together with an affidavit in support of its contents of-

(a) a majority of the members of the governing body of the society; or (b) not less than one-third of the total number of members of the society.

(3) The registrar or the person authorised by him under sub-section (1) shall for the purpose of an enquiry under this section have the following powers, namely:-

(a) he shall at all times have free access to the books, accounts, documents, securities, cash and other properties belonging to, or in the custody of the society and may summon any person in possession, or responsible for the custody of any such books, accounts, documents, securities, cash or other properties to produce the same, if they relate to the head office of the society at any place at the headquarter thereof and if they relate to any branch of the society, at any place in the town wherein such branch thereof is located or in his own office;

(b) he may summon any person who he has reason to believe has knowledge of any of the affairs of the society to appear before him at any place at the headquarters of the society or any branch thereof or in his own office and may examine such person on oath; and Signature Not Verified Signed by: SHUBHANKA