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Application under Section 32(2) of the Madhya Pradesh Society Registrikaran Adhiniyam, 1973, must be supported by an affidavit and filed by either a majority of the governing body's members or at least one-third of the total society members ["[Anand Singh vs The State Of Madhya Pradesh - Madhya Pradesh"]].
The statutory requirement clearly states that the application for enquiry should be supported by an affidavit and be made by the prescribed majority or one-third members, failing which the application may not be entertained ["[Shri Mudhu Venkat Narayan Rao Memorial School Society VS State of C. G. - Chhattisgarh"]], ["INDERJEET KAUR VS STATE OF MADHYA PRADESH - Madhya Pradesh"], ["Pratap Wahini Samaj Kalyan Sansthan, Gwalior VS State of M. P. - Madhya Pradesh"]].
Several cases highlight that applications lacking the requisite support—such as affidavits or the correct proportion of members—are invalid and cannot trigger the Registrar's enquiry process under Section 32(2) ["[BABU LAL AGRAWAL vs THE ASSISTANT REGISTRAR OF SOCIETIES - Chhattisgarh"]], ["Central Homeopathic & Biochemic Association VS State of M. P. - 2013 0 Supreme(MP) 793"], ["Dinesh Chandra Gupta vs The State Of Chhattisgarh - Chhattisgarh"].
It is emphasized that the application must be filed with proper support, including affidavits, and by the correct majority or specified third of members, as mandated by the law. Applications lacking these are considered invalid, and proceedings cannot be initiated solely on unsupported complaints ["[Amil Kumar Kalita S/o Lt. Sonaram Kalita VS State Of Assam - Gauhati"]], ["Dinesh Chandra Gupta vs The State Of Chhattisgarh - Chhattisgarh"], ["Dinesh Chandra Gupta vs The State Of Chhattisgarh - Chhattisgarh"], ["Dinesh Chandra Gupta vs The State Of Chhattisgarh - Chhattisgarh"], ["Dinesh Chandra Gupta vs The State Of Chhattisgarh - Chhattisgarh"], ["Dinesh Chandra Gupta vs The State Of Chhattisgarh - Chhattisgarh"].
Analysis and Conclusion:An application under Section 32(2) of the MP Society Act must be accompanied by an affidavit and filed by either a majority of the governing body's members or at least one-third of the total society members. Failure to meet these conditions renders the application invalid and prevents initiation of the enquiry process. The law strictly mandates supporting affidavits and proper membership support to ensure the validity of the proceedings ["[Anand Singh vs The State Of Madhya Pradesh - Madhya Pradesh"], ["[Shri Mudhu Venkat Narayan Rao Memorial School Society VS State of C. G. - Chhattisgarh"], ["INDERJEET KAUR VS STATE OF MADHYA PRADESH - Madhya Pradesh"]].
In the realm of society registrations in Madhya Pradesh, disputes over governance, finances, or operations often lead members to seek official intervention. A common query arises: an application under section 32(2) of mp society registrikaran adhiniyam has to be accompanied with affidavit majority of members. This question touches on critical procedural safeguards under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (the Act). Understanding these requirements is essential for society members, governing bodies, and registrars to avoid invalid proceedings.
This post breaks down the legal framework, judicial interpretations, and practical guidelines. Note: This is general information based on statutes and case law; it is not specific legal advice. Consult a qualified lawyer for your situation.
Section 32(2) of the Act empowers the Registrar to conduct an enquiry into a society's constitution, working, and financial conditions. Importantly, this can happen either suo motu (on the Registrar's own initiative) or upon a complaint meeting strict criteria. Modern Medical Institute Society Lalpur Through Its Present President Namely Shri Suresh Goel VS State of Chhattisgarh Through Principal Secretary, Commerce And Industries Department - 2021 0 Supreme(Chh) 236
Key requirements include:- The complaint must be supported by an affidavit affirming its contents.- It must originate from either: - A majority of the members of the governing or executive body, or - Not less than one-third (1/3rd) of the total members of the society. Madhya Pradesh Cricket Association, Indore VS B. S. Solanki - 2013 Supreme(MP) 1251
The affidavit's role is crucial—it acts as a sworn verification, ensuring the complaint's authenticity. Without it, or if support falls short of the threshold, proceedings may be deemed invalid from the start. Modern Medical Institute Society Lalpur Through Its Present President Namely Shri Suresh Goel VS State of Chhattisgarh Through Principal Secretary, Commerce And Industries Department - 2021 0 Supreme(Chh) 236
As one judgment notes: the application together with an affidavit in support of its contents by a majority of the members of the governing body of the society or not less than one-third of the total number of members of the society. Madhya Pradesh Cricket Association, Indore VS B. S. Solanki - 2013 Supreme(MP) 1251
Madhya Pradesh High Court rulings have consistently upheld these mandates, emphasizing procedural rigor.
In a pivotal case, the court ruled that a complaint by only 5 members—neither a majority of the governing body nor 1/3rd of total members—failed statutory requirements, especially without an affidavit. Since the complaint was made by only 5 members, and they were not part of the majority or the requisite one-third support, the complaint did not fulfill the statutory requirements of Section 32(2). Modern Medical Institute Society Lalpur Through Its Present President Namely Shri Suresh Goel VS State of Chhattisgarh Through Principal Secretary, Commerce And Industries Department - 2021 0 Supreme(Chh) 236
The proceedings were declared null and void due to these lapses. This underscores that minority complaints, even if genuine, cannot trigger enquiries without proper backing.
Courts distinguish Registrar-initiated (suo motu) actions from complaint-driven ones. Complaint-based enquiries demand affidavit and numerical support; otherwise, they violate the Act. Proceedings under Section 32(2) cannot be validly initiated solely on the Registrar's suo motu action unless supported by a proper complaint with affidavit and majority support. Modern Medical Institute Society Lalpur Through Its Present President Namely Shri Suresh Goel VS State of Chhattisgarh Through Principal Secretary, Commerce And Industries Department - 2021 0 Supreme(Chh) 236
Similar principles apply in Chhattisgarh under analogous provisions. One case dismissed an application for dissolution due to lack of majority or 1/3rd support and no suo motu basis: the application has not being filed as per majority members... or not filed as per 1/3 members... and not applied the Suo moto action. Smt. Triveni Sahu vs State Of Chhattisgarh - 2025 Supreme(Online)(Chh) 10095
Another highlighted procedural defects: As per heading of section 32 of the Adhiniyam, enquiry can be conducted only when the ingredients of section 32(2) are satisfied i.e. the application is preferred by more than 1/3rd members or by majority of members of the governing body and such application is supported by an affidavit. Central Homeopathic and Biochemic As Sociation, Gwalior VS State of M. P. - 2013 Supreme(MP) 784
In the M.P. Cricket Association matter, improper jurisdiction under Section 32 led to orders being set aside for violating natural justice, reinforcing the need for compliant initiation. Central Homeopathic & Biochemic Association VS State of M. P. - 2013 0 Supreme(MP) 793
To file a valid application under Section 32(2):
Registrars must scrutinize compliance before proceeding. Failure invites judicial quashing, as seen in cases where enquiries ignored natural justice or procedural norms. Central Homeopathic and Biochemic As Sociation, Gwalior VS State of M. P. - 2013 Supreme(MP) 784GHALIB MEMORIAL EDUCATION SOCIETY vs STATE OF CHHATTISGARH and ORS
For instance, in a society election dispute, an order was set aside for not considering replies, breaching natural justice: The principles of natural justice and fair play in action are grossly violated. Central Homeopathic and Biochemic As Sociation, Gwalior VS State of M. P. - 2013 Supreme(MP) 784
Non-compliance risks wasted resources and court reversals. In education society cases, proven mismanagement led to administrator appointments when authorities stalled, but only after exhausting Section 32/33 probes. Sanjay Gupta VS State of M. P. - 2014 Supreme(MP) 24
In conclusion, while Section 32(2) offers a vital tool for resolving society disputes, its power hinges on affidavits and majority backing. Adhering to these ensures legitimate enquiries and upholds the Act's intent. Societies in Madhya Pradesh should prioritize compliance to safeguard operations and member rights.
References include Madhya Pradesh High Court judgments like Modern Medical Institute Society Lalpur Through Its Present President Namely Shri Suresh Goel VS State of Chhattisgarh Through Principal Secretary, Commerce And Industries Department - 2021 0 Supreme(Chh) 236, Central Homeopathic & Biochemic Association VS State of M. P. - 2013 0 Supreme(MP) 793, and related analyses Madhya Pradesh Cricket Association, Indore VS B. S. Solanki - 2013 Supreme(MP) 1251, Central Homeopathic and Biochemic As Sociation, Gwalior VS State of M. P. - 2013 Supreme(MP) 784, Smt. Triveni Sahu vs State Of Chhattisgarh - 2025 Supreme(Online)(Chh) 10095. Always verify latest amendments.
#MPSocietyAct, #Section32, #SocietyRegistration
As per Section 32(2) of the Adhiniyam, enquiry of the nature referred to in Section 32(1) can be entertained by Assistant Registrar only in case where majority of members of governing body of the society or not less than one-third of the total number of members of the society files an application. ... 2. As per Section 32(#HL....
Issues: Enquiry and settlement of dispute under Section 32(2) of the Adhiniyam, jurisdiction for filing an appeal under Section ... 32(2) and the appeal filed before the Minister was not maintainable. ... 32(2) of the Adhiniyam and the jurisdiction for filing an appeal under Section 40. ... It is further submitted that the requirement of Section 32 (2) of the Adhiniyam is not there. The #HL_START....
The court also noted that the petitioners had not chosen to raise any dispute under Section 32(2)(b) of the Act, which allows a majority ... ... ( 8 ) IT is not disputed by the learned Counsel for the petitioners that the petitioners constitute the requisite majority under Section 32 (2) (b) of the Act for requiring the Registrar to hold an enquiry under Section 32 of the Act and ... The registration was accorded under the Societie....
By referring to section 32(2) of the Adhiniyam, he submits that the application demanding enquiry should be preferred by - (a) a majority of members of the governing body of the society (b) not less than 1/3rd of the total number of the members of the society. ... Since powers are not exercised under section 32(2) of the Adhiniyam, the necessit....
32(2) of the Act of 1973. ... Society Registrikaran Adhiniyam, 1973 (hereinafter called as 'the Act of 1973'). ... , a society registered under the Societies Registrikaran Adhiniyam, 1973 having its office at 'C' Market, Sector-6, under Section 32(2) of the Act of 1973 for holding an enquiry against directed by the Registrar, if the application under #HL_START....
Further, the complaint has been filed by respondent No. 3 and 15 other members, without an affidavit and inadequate members of the Society, as has been required in Section 32 (2)(b) of the Adhiniyam, 1973, which is violative of provisions contained in Section 32 (2)(b) of the Adhiniyam, 1973. ... (2) An enquiry of the nature referred to in sub-section....
... (iii) As per heading of Section 32 of the Adhiniyam, enquiry can be conducted only when the ingredients of Section 32(2) are satisfied i.e. the application is preferred by more than 1/3rd members or by majority of members of the governing body and such application is supported ... ... (2) An enquiry of the nature referred to in sub-section (1) shall be held....
Leeladhar Paliwal was in accordance with section 32(2) of the Act, which requires the application together with an affidavit in support of its contents by a majority of the members of the governing body of the society or not less than one-third of the total number of members of the society. ... ... (2) An enquiry of the nature referred to in sub-section (1) shall be held on the ....
Society Registration Act, 1973 that the application has not being filed as per majority members of the Transport union Kacchey or not filed as per 1/3 members of the transport union Kacchey and not applied the Suo moto action for taking action against the Transport union Kacchey by seeing the proposal ... of the union and causing financial irregularities and dismissed the application dated 09.9.2021 and 29.09.2021 as submitted by the petitioner Triveni Sahu on the ground that the said ....
under Section 32 of the Chhattisgarh Societies Registrikaran Adhiniyam, 1973 (for ... on 27-12-2014 under Section 32 (2) of the the petitioner under Section 32 of the Act, 1973 the Registrar 2. ... Registrar, Firms & Societies to decide the petitioner's application p style="position:absolute;white-space:pre;margin:0;padding:0;top:724pt;left
In the advertisement, it was indicated that the appointment is on contract basis initially for a period of one year, on a consolidated salary of Rs. 3800/4000, which can be extended on satisfactory performance by the candidate. On 21.7.2005, an advertisement was issued by the society calling upon willing candidates to submit their candidature for appointment on the post of Computer Operator as well as LDC - Assistant Grade III. 2. Appellant Sanjay Gandhi Yuva Netratva Avam Gramin Vikas Prashikshan Sansthan, Panchmarhi is a society registered under the provisions of MP Societies Reg....
Section 33 of the Act prescribes supersession of the Governing Body, which is as under : 13. Section 32 of the M.P. Society Registrikaran Adhiniyam, 1973 prescribes enquiry and settlement of disputes. In accordance with the aforesaid section, Registrar is authorized to hold an enquiry into the constitution and working and financial conditions of the society.
As per heading of section 32 of the Adhiniyam, enquiry can be conducted only when the ingredients of section 32(2) are satisfied i.e. the application is preferred by more than 1/3rd members or by majority of members of the governing body and such application is supported by an affidavit. It is stated that the heading of section 32 of the Adhiniyam makes it clear that it deals with 'enquiry and settlement'. (iv) The principles of natural justice and fair play in action are grossly violated in issuing Annexure P/1.
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