BAL ASHRAM Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal is directed against the order dated 4th of December, 2010 passed in W.P. (C) No. 4882/2010 by the learned Single Judge of this Court. The facts, briefly stated, are as under:--

(2.) Mr. Gautam Bhaduri, learned counsel appearing on behalf of the appellants, argued that the authorities of the State were trying to hold the election on the basis of new members enrolled after the supersession; sufficient material was brought to the notice of the Single Judge in this regard; therefore, the learned Single Judge, ought to have clarified in the order the legal position and would have directed in express words that the election would be convened on the basis of members who were enrolled on the date of supersession of the society and not on the basis of members enrolled thereafter. Mr. Bhaduri submitted that the Registrar/Administrator cannot enroll new members, therefore, the action relating to enrollment of new members was ab-initio void and election cannot be convene on the basis of newly enrolled members. He placed reliance on 2 decisions i.e. K. Shantharqj & another Vs. M.L. Nagaraja & Others, 1997 AIR(SC) 2925; and Sujit Kumar Banerjee Vs. State of M.P. & Others, 2000 AIR(MP) 44.

(3.) On the other hand, learned counsel for the interveners/newly enrolled members, opposed these arguments and contend that Registrar/Administrator has full authority to enroll new members and the election should be convened on the basis of voter list prepared after enrollment of new members by the administrator as per Section 33(4) of the Act, 1973.