KUSUMBAI JAIN Vs. STATE OF M P

JUDGEMENT

(1.) The instant petition has been filed by the petitioner challenging the order Annexure P/4, passed by the Under Secretary, State of M.P., dated 6th June, 1995 in appeal and allowing the appeal by setting aside the order passed by Registrar of Firms and Society.

(2.) The contention of the petitioner is that at Bhind, Kusumbai Jain Kanya Mahavidyalaya Prabandh Samiti is a registered society under the M.P. Society Registrikaran Adhiniyam, 1973 (hereinafter referred to as the 'Act')- According to the petitioner, this society was superseded by the orders of the Government under Section 33 (1) of the Act on 13-9-1991. The sub-divisional officer was appointed as an administrator of the society. The administrator conducted the elections of the society on 9-9-1994 and declared the results of the election. The administrator/ sub-divisional officer has handed over the charge of the society to the newly elected body. After newly elected body took over the charge, an appeal was filed by respondent No. 3 before the State Government assailing the ministerial work of the Registrar under Section 27 of the Act. The contention of the learned Counsel for the petitioner is that no appeal lay before the State Government against the ministerial act of the Registrar registering the names of elected members of the society. Learned Counsel for the applicant further submitted that since the appeal was not maintainable, the order passed by the appellate authority is non-est.

(3.) The learned Counsel for the petitioner submitted that the order of setting aside election by the State Government is on filmsy grounds. The question also arose whether the Registrar should induct the members when the society is under suppression ? The administrator published advertisement in newspaper and invited application offering membership to the interested person, in daily newspaper 'Shram Sadhana' published from Gwalior. The State Government while considering the appeal was of the opinion that the appointment of the administrator is to remove blocked in the society and to keep the society in order and handover charge to the newly elected body. It is not provided under the Act. The administrator is not empowered to start movement for inducting membership in the society. The Registrar has also not invited the members who were existing on the date of suppression of the society. The Registrar has wrongly held that the membership of members have been terminated automatically. The action of the administrator was also not accepted by the State Government and State Government vide its order set-aside the order dated 25-10-1994 passed by the Registrar of the Societies.