MAHARAJA JIWAJIRAO EDUCATION Vs. STATE OF MP

JUDGEMENT

(1.) APPELLANT-SOCIETY through its office bearers have filed this writ appeal under section 2 (1) of the Madhya Pradesh Uchcha nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, against the order dated 10-4-2006 passed by learned Single Judge in Writ Petition No. 4687/2005.

(2.) BRIEF facts of the case are that Maharaja Jiwajirao Education Society is a registered society under the provisions of M. P. Society Registrikaran Adhiniyam, 1973 (No. 44 of 1973) (hereinafter, referred to as the 'adhiniyam 1973' ). The appellant-society is running two educational institutions, namely, Samrat Ashok technological Institute (Engineering College), Vidisha and Samrat Ashok technological Institute (Polytechnic College), Vidisha. Last elections of the society were held on 21-4-1997 and Late Madhav Rao Scindia was elected as president and Dr. Padam Chand Jain was elected as Secretary. Madhav Rao scindia died on 30-9-2001 and after his death Jyotiraditya Scindia was inducted as Member of the society on 11-12-2001 and was elected as President. It was the allegation of the appellant-society that after the assembly election in December 2003 and after BJP coming into power, due to political rivalries a show-cause notice dated 16-1-2004 was issued to the society that why the Governing Body of the society should not be superseded. Various allegations were levied against the society. Another show-cause notice was issued and in exercise of power conferred by section 33 (8) of the Adhiniyam, 1973 it was directed that governing Body of the Society shall function under the supervision and with the approval of Administrator and ultimately vide order dated 11-10-2004 the working Committee of the Governing Body was superseded and Sanchalan samiti has been nominated. The detailed reply of the show-cause notice was submitted and the order was challenged in Writ Petition No. 4687/2005. Before that, one another Writ Petition No. 702/2004 was filed but the same was disposed of by order dated 19-8-2004, as the order was modified. The learned Single judge dismissed the Writ Petition No. 4687/2005 against the order of supersession, against which the society has filed this writ appeal.

(3.) WE have heard the learned counsel for the parties and perused the record.