BALAJI DEVELOPERS Vs. STATE OF MP

JUDGEMENT

(1.) THE aforesaid two writ petition Nos. 1369/15 & 1721/15 under Article 226 of the Constitution of India are filed with grievance that despite term of office bearers of the executive body being over, new election of the Madhya Pradesh Chamber of Commerce and Industries, Gwalior has not been held though more than a year has passed by. Therefore, indulgence of this Court is sought in the matter of new election. Review Petition has been filed seeking review of the order dated 05/03/2015 in W.P. No. 1370/2015.

(2.) MADHYA Pradesh Chamber of Commerce and Industries, Gwalior (hereinafter referred to as the "Chamber of Commerce") is a society registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973 (hereinafter referred to as the Adhiniyam, 1973). Chamber of Commerce has its own bye -laws duly ratified by the Registrar, Firms & Societies. Bye -laws have been placed on record in W.P. No. 1721/2015 as Annexure P/1. Aims and objects of the Chamber of Commerce are detailed in clause 3 of the Byelaws. It is essentially a society for development of business in the State of Madhya Pradesh and to provide all such measures for its sustained growth, protection and advise to the business community at large in the State of Madhya Pradesh. Chapter I of the byelaws inter alia provides for category of members of the Chamber of Commerce and clauses 1.1 Hon'ble members, 1.2 sanrakshak member, 1.3 life members and 1.4 general member as defined under the said clause. Clause (2) describes eligibility of the members, Clause (3) deals with as regards procedure for membership, Clause (4) deals with disqualification of membership. Clause (5) provides for duties and rights of members, Clause (6) provides for maintenance of membership register; Clause (8) deals with membership fees. Chapter -II deals with annual general body meeting and emergency meetings. Chapter - III deals with executive body of the Chamber of Commerce and inter alia clause (16) provides for the nature of activities to be undertaken by the executive body. Clause (16.2) provides for functioning and duration of the elected body. Relevant provisions are (16.2), (16.3) and (16.4) which are reproduced below:

(3.) ELECTION of the executive body is provided under clause (23) of the bye -laws whereunder members falling under clause 1.1 Hon'ble members, 1.2 sanrakshak member, 1.3 life members and 1.4 general member are eligible in different formations as provided thereunder to participate in the election of the executive body. Schedule I appended to the bye -laws is election rules for executive body and provides for detailed procedure to be followed in the matter of elections including the appointment of election officer, eligibility of candidates, election programme, declaration of results etc.,