RAJ BAHADUR PATHAK Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner seeking a direction to quash the order of supersession of the Governing Body of the M.P. Council of Child Welfare, Bhopal, and also to quash the two notices to show cause, D/-15-7-1983 and 18-8-1983 and also for a declaration that provisions contained in S.33 of the Societies Registrikaran Adhiniyam, 1973 are ultra vires.

(2.) According to the petitioner, the M.P. Council of Child Welfare, Bhopal was registered as a society under the Societies Registration Act, 1860 (21 of 1860) on 23-2-59 and the society had its own rules and regulations, copy of which has been filed along with the petition. According to the petitioner, the society is affiliated to the Indian Council of Child Welfare, New Delhi and the objects of the society are contained in the Memorandum of Association. The society mainly was formed as an Association for furtherance of the schemes of child welfare and also to take effective steps by organising, guiding or associating schemes and activities concerning child welfare. The petitioner has also given the names of the founder members including Late Dr. H. V. Pataskar, the then Governor of M.P. and other leading persons of the State, some of whom are no longer alive.

(3.) It is alleged that the society has honorary partrons of different categories and there are founder members, life members, honoray members, corporate members and ex-officio members in the society. It is alleged that the society has a large membership. According to the petitioner, he was inducted in the Council as a life member and was enrolled by the executive committee. He was made life member in 1975 and was also a member of the executive committee of the society. The executive of the society consists of 9 office bearers, 12 representatives from various educational divisions, one representative from each corporate member, 10 elected members, 5 co-opted members and 4 ex-officio members, totalling 283. It is alleged that elections of the office bearers and members of the executive committee were held for a term of 3 years in the general body meeting D/- 27-6-79 and the same was notified by the Returning Officer vide notification D/- 27-6-79. According to this notification, the President was Shri C.M. Punacha, the then Governor of M.P. and the Vice-Presidents were Smt. Vijaya Raje Scindia and Dowager Maimoona Sultana, Senior Begum of Bhopal and Shri Krishnapal Singh. The General Secretary of the Society was Shri G. P. Tiwari and the Joint Secretaries were Smt. Lalita Krishnan, Shri Abhay Kumar Gohil and Shri R.P. Saraf. The Treasurer of the Society was Shri C. R. Pancholia and the petitioner was elected as one of the members of the executive. It is alleged that this Society was governed by the M.P. Societies Registration Act, 1959 which repealed the Societies Registration Act of 1860 so far as the State of M.P. is concerned. Thereafter, the society is continuing to be a society registered under the M.P. Registrikaran Adhiniyam, 1973.