JAIN SINGH BHADORIYA Vs. SHRI SHARAD TIWARI

JUDGEMENT

(1.) The present contempt petition filed u/S 10 and 12 of the Contempt of Courts Act 1971 read with Article 215 of the Constitution of India alleges non-compliance of the directions passed by this Court in the final order dated 10.08.2011, relevant extract of which for ready reference and convenience is reproduced below:

(2.) The respondents filed reply initially on 07.02.2017 primarily submitting that pursuant to the above said order dated 30.11.2016, an effort was made for compliance which led to the then respondent no.2 issuing certain letters dated 22.02.2012, 31.03.2012, 08.04.2013, 29.11.2016 and 06.12.2016 to both the parties for depositing necessary amount requisite for completion of the exercise of finalizing the list of valid members of the society. The reply further reveals that an amount of Rs. 50,000/- was deposited by one Kripal Singh, respondent no.3, but no amount was deposited by the petitioner society. Whereafter proceedings were initiated for verification of genuineness of members for which letter was issued on 21.12.2016. Three objections were received which were decided by the respondent no. 2 by order dated 03.02.2017 vide Annexure C-3. The respondent no.2 found that no membership registration was produced by the society and therefore the respondent no. 2 found that there are no legal members in the society and came to the conclusion that no occasion arises for holding elections to the Governing Body of the society.

(3.) Pursuant to filing of the above said response, this Court by interlocutory order dated 09.08.2017 directed the respondent no.5 to file a fresh affidavit explaining as to why in the given facts and circumstances where no records were produced by the society, the power u/S 26 of the M.P. Society Registrikaran Adhiniyam 1973 available to the Assistant Registrar was not exercised.