BABULAL AGRAWAL Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) This petition has been preferred challenging the communication/ order dtd. 22/12/2022 (Annexure P-1) passed by respondent No. 1 whereby election process held on 26/4/2022 was cancelled and new election process was directed to be held within 60 days by furnishing necessary information to it.

(2.) Facts of the case, in nutshell, are that the petitioners are the President & General Secretary of a Society named and styled as Sambhagiye Agrawal Mahasabha, Bilaspur (for short, 'Society'), respectively, which is registered under the provisions of M.P./C.G. Society Registrikaran Adhiniyam, 1973 (henceforth "Adhiniyam, 1973") with registration No. 7022, dtd. 8/12/2014. Vide letter dtd. 5/4/2022, a general meeting of the Society was scheduled to be conducted on 26/4/2022, whereby the election / selection of governing body of the Society was scheduled to be held. On scheduled date, after following due procedure prescribed in bye-laws, the election for the post of President of Society was conducted and petitioner No. 1 was elected on the post of President of the Society. Thereafter, members of the governing body were selected, wherein petitioner No. 2 was selected as a Secretary General. On 14/11/2022, a complaint was filed by respondent No. 3 and 15 other members of the Society before respondent No. 1 challenging the election process held on 26/4/2022. Vide letter dtd. 7/12/2022, respondent No. 1 sought response from the Secretary of the Society on aforesaid complaint, but reply of aforesaid notice was filed by previous Secretary General i.e. respondent No. 4, in which, he accepted all the allegations made in the complaint, thereafter, respondent No. 1, vide impugned communication / order dtd. 22/12/2022 (Annexure P-1), cancelled the election process held on 26/4/2022 and directed to conclude fresh election process within a period of 60 days by furnishing information to it. Being aggrieved & dissatisfied with the aforesaid communication / order dtd. 22/12/2022 (Annexure P-1), the petitioners have preferred instant petition questioning the same.

(3.) Learned counsel appearing for the petitioners would submit that the respondent No. 1, who has passed impugned order dtd. 22/12/2022 (Annexure P-1), is an Assistant Registrar of the Societies and he has no authority / power at all to cancel the election process. He would submit that such a power is vested to the Registrar of the Firms & Society under Sec. 32 of the Adhiniyam, 1973. It is further submitted that neither notice has been served to the petitioners nor any opportunity of hearing has been afforded to them before passing the impugned order. 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 Sec. 32 (2)(b) of the Adhiniyam, 1973, which is violative of provisions contained in Sec. 32 (2)(b) of the Adhiniyam, 1973. It is further submitted that any complaint with regard to election process can be considered by the Registrar, to which, enquiry has to be conducted, but in the instant case, no enquiry, as has been contemplated in Sec. 32 of the Adhiniyam, 1973 by the Registrar, has been conducted. It is further submitted that as per notification dtd. 25/6/2008 (Annexure P-1) issued by Government of Chhattisgarh, Commerce & Industry Department, no power under Sec. 32 of the Adhiniyam, 1973 has been delegated to the Assistant Registrar to conduct any enquiry as contemplated under Sec. 32 of the Adhiniyam, 1973 or to cancel the election process or to issue direction for conducting fresh election. Thus, order is utter violation of aforesaid law and without jurisdiction. To substantiate his submission, learned counsel appearing for the petitioner placed reliance upon the judgment passed by the M.P. High Court in the matter of Madhya Pradesh Cricket Association, Indore Vs. B.S. Solanki, 2013 (4) M.P.L.J. 663. and Mohan Maheshwari and others Vs. Awadh Singh Dhakre and others,2015 (4) M.P.L.J. 468.