CENTRAL HOMEOPATHIC Vs. STATE OF M P

JUDGEMENT

(1.) This is second visit of the petitioners to this Court. Petitioner No.1 is a registered society under the provisions of Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (in short the Adhiniyam). The registration certificate of petitioner No.1 is filed as Annexure P/2. It is stated that earlier election of the society took place on 31.7.2011 and the next elections are due on completion of three years from the said date as per the bye-laws. The petitioner No.1 was served with a showcause notice by respondent No.2 dated 30.6.2012 (Annexure P/13). The petitioner No.1 submitted its reply to the same but the said authority issued communication Annexure P/25 and stated that petitioner No.1 did not file its reply. At this stage, petitioner No.1 filed W.P.No.6995/12 before this Court. This Court disposed of the said petition on 27.9.2012. On perusal of the material, it was found by this Court that petitioner No.1's reply was very much received by the Assistant Registrar, and therefore, his finding that reply has not been received runs contrary to the record. On the basis of aforesaid, it was found that there is violation of principles of natural justice and the making process was not proper. Consequently the order, Annexure P/1 therein, was set aside and direction was issued to the parties to appear before the said authority on an appointed date and the Assistant Registrar was directed to proceed further in accordance with law.

(2.) Shri Harish Dixit, learned counsel for the petitioners, submits that after the order of this Court dated 27.9.2012 although certain dates of hearing were fixed by the Assistant Registrar, but he ultimately passed the order Annexure P/1 dated 24.1.2013 wherein there is no consideration of the reply submitted by petitioner No.1. This communication (Annexure P/1) is called in question on following counts:-

(3.) Shri Dixit, learned counsel for the petitioners, in support of his contentions, relied on (Shramadham Uchchatar Madhyamik Vidyalaya Sanchalan Samiti and others Vs. State of M.P. and others, 2003 2 MPLJ 377) and (Mangilal Vs. State of Madhya Pradesh, 2004 AIR(SC) 1280).