L N KAILASHIA Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has filed this petition being aggrieved by order dated 3.6.2011 passed by the respondent no.1 State whereby it has been directed, on an appeal being filed by respondent no.3 to hold elections of the respondent Society and till then the committee headed by respondent no.3 shall be granted adhoc recognition.

(2.) The brief facts, as averred by the petitioner in the present petition, are that the petitioner claims to be the President of the M.P. Class-III Government Employees Association, Bhopal, which is a society registered under the provisions of the M.P. Societies Registrikaran Adhiniyam, 1973 (hereinafter referred to as 'the Adhiniyam') having registration No.1079. It is stated that previously one Mahendra Sharma was the duly elected President of the Society who retired on 31.3.2006. It is stated by the petitioner that thereafter the elections of the society were held on 29.7.2006 and the petitioner was declared elected. It is stated that however in the interim period, another faction of the society headed by respondent no.3 proclaimed itself to be the duly elected society and started functioning pursuant to which an order was issued by the State Government on 24.6.2006 restraining him from doing so.

(3.) The respondent no.3, being aggrieved by the order dated 24.6.2006, filed a petition before this Court which was registered as W.P No.9003/2006 and was disposed of by order dated 7.7.2006 granting liberty to the respondent no.3 to assail order dated 24.6.2006 by filing an appeal under section 40 of the Adhiniyam, pursuant to which respondent no.3 filed an appeal before the Registrar, Firms and Societies, M.P which was ultimately dismissed by order dated 29.9.2006 However, in the meanwhile, the Registrar also directed an enquiry to be conducted into the affairs of the society.