LAWS(MPH)-2022-11-168

EVANGELICAL LUTHERAN CHURCH Vs. STATE OF M.P.

Decided On November 01, 2022
Evangelical Lutheran Church Appellant
V/S
STATE OF M.P. Respondents

JUDGEMENT

(1.) The case of the petitioner- Society is that it claims to be a registered Society under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (for short "the Adhiniyam, 1973"). That it is running many educational institutions as well as hospitals in the State of M.P. It conducts various charitable activities.

(2.) That various disputes arose between the members of the petitioner- Society. That one Smt. Laveena Kerketta, preferred a complaint on 10/3/2021 to the Hon'ble Minister, State of M.P. Various allegations were made about the irregularities being conducted by the petitioner- Society. The Hon'ble Minister by his communication vide Annexure P/3 to the Principal Secretary, State of M.P. brought to the notice that there was an F.I.R. lodged against the petitionerSociety for offences punishable under Ss. 420 and 467 of the I.P.C. which was registered on 16/2/2021. Hence, while forwarding the copy of the letter, the Principal Secretary was asked to look into the matter and do the needful. As a consequence whereof, vide communication Annexure P/4 dtd. 23/3/2021, the O.S.D. to the Hon'ble Minister wrote a letter to the Registrar of the Society asking him to intimate as to what happened to the letter of the Minister dtd. 15/3/2021 vide Annexure P/3.

(3.) Thereafter, the Registrar issued an order vide Annexure P/5 dtd. 2/6/2021 in exercise of the powers contained under Sec. 31(1) of the Adhiniyam, 1973. Thereafter the enquiry commenced. A communication was addressed by the Inquiry Officer to the petitionerSociety vide Annexure P/7 dtd. 10/6/2021 calling for various documents required for the purposes of the enquiry. Questioning the same, the instant writ petition is filed.