ASHISH GUPTA Vs. SECRETARY OF THE GOVERNMENT

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned counsel for the respondents.

(2.) The case of the petitioner herein is that the Venkatapuram Cultural Association a registered Association operating since 1939 and also running a school by name P.J.Gupta's High School, which is recognized by the Government of Tamil Nadu. One Mr.Harish Gupta was the Correspondent of the School from 2003 to 2009. Thereafter, the Executive committee of the Association has resolved and elect Ashish Gupta as Correspondent. Accordingly, he has assumed office as Secretary of the Education Agency and informed the same to the respondents vide letter dated 23.02.2009. The Education Department has also accepted the same and allowed him to function as Secretary of the petitioner's School from 22.02.2009.

(3.) While so, after assuming charge as Secretary, the petitioner has found that the Association has not submitted for nearly 30 years the annual returns and other requisite reports to the Registrar of Societies, a procedure which is contemplated under the Society Registration Act . Since for 30 years the petitioner Association has not submitted the returns, on advice the petitioner has registered a new Association under the same name in the year 2011, presuming that the earlier Association has become defunct due to non compliance of the statutory proceedings. Meanwhile, Harish Gupta, the former Secretary of Association was found guilty of misuse and misappropriation of fund, while he was in the Association Secretary. Therefore, the petitioner has given a police complaint.