BAL ASHRAM Vs. STATE OF C.G

JUDGEMENT

(1.) IN this writ petition, the notice issued by the State Government under Section 33 of the Chhattisgarh Society Registrikaran Adhiniyam, 1973 (for short 'the Adhiniyam') proposing to supersede the governing body of the Petitioner -Society is assailed on the ground that the impugned notice is one without authority of law in as much as the Petitioner Society is not a "State aided society" within the meaning of that term as defined under Clause (f) of Section 3 of the Adhiniyam.

(2.) BEFORE appreciating the above contention, at the threshold, it needs to be noticed that the only ground available to assail a statutory notice is that the person who has issued the notice is not the competent prescribed authority. Therefore, the only thing to be seen in this case is whether the State Government has the legal authority to take steps envisaged under Section 33 of the Adhiniyam. Sub-section (1) of Section 33 of the Adhiniyam reads as follows:

(3.) IT is true that the power of the State Government conferred under Section 33 could be invoked only against the governing body of any "State aided society". The term ''State aided society" is defined under Clause (f) of Section 3 of the Adhiniyam, which reads as follows: