INDERJEE KAUR Vs. STATE OF M P

JUDGEMENT

(1.) The 25 petitioners claiming to be members of the Sikh Education Society, presently under supersession under Section 33 of the M.P. Societies Registrikaran Adhiniyam, 1973, and represented by Administrator, Sikh Education Society, Jabalpur (respondent No. 4) seek a writ or a direction or order against the respondents to conduct elections of the society in accordance with the Bye-laws as amended in 1978, and, further, order restraining the respondents from holding the elections in accordance with the amendments made and said to have been registered in the year 1972. The case has a chequared history, but the facts can be broadly outlined thus : It is stated that earlier Khalsa Education society was managing the school called Khalsa Girls Higher Secondary School, Jabalpur Cantt. and there was dispute between the members of the Managing Committee and the Principal of the School, which had given rise to proceedings under Section 145 of the Code of Criminal Procedure. In the said dispute, an order Annexure R-5-2 was passed and the subject- matter of the dispute was attached. Accordingly, decision was taken to form a new society and Sikh Education Society was constituted and the Bye-laws of the Society were forwarded under Covering Memo dated 15.8.1969 for registration to the Registrar of Firm and Societies. The registration was accorded under the Societies Registrikaran Adhiniyam on 26. 8. 1969 vide Registration No. 1461. The registered Bye-laws provide for constitution of the society comprising of patrons, life members, ordinary members and honourary members. Bye-law 6 prescribed manner for enrolment of membership. Bye-law 7 for the eligibility for being its members while Bye-law 15 provided for the powers and duties of the Council of Management. One of the duties enumerated was that a Council of Management shall be constituted after 5 years in accordance with the procedure laid down in the Bye-laws.

(2.) It is stated that on 28.10.1979, an application was made to the Registrar, Firms and Societies for registration of the amendments said to have been approved by resolution dated 25. 10. 1970 of the Society, as required by Section 10 of the Act. In response to the said request, the Registrar directed the society to make an application in the prescribed form and the direction was complied with vide communication dated 17.1.1971. According to respondent No. 5, the proposed amendments were registered vide communication dated 26. 8. 1972 of the Registrar, with the result, the original Bye-laws of the Society came to be known as 1972 Bye-laws.

(3.) It is alleged that on 2. 9, 1973 a meeting of the foundation board was convened, in which decision was taken to constitute a committee for management of the Khalsa Higher Secondary School. A committee was constituted for management of the said Girls' School renamed as Cantt. Khalsa Girls' Higher Secondary School, Jabalpur. It is further alleged that in 1976, some amendments in the Bye-laws were proposed by the then President Sardar Kuldeep Singh and after some correspondence with the Registrar of Firms and Societies, approval was accorded vide Annexure 'J' dated 23. 6. 1978. A complaint was made to the Registrar by respondent No. 5 in which it was stated that 78 amendments were perhaps due hors amendments already registered in 1972 and, therefore, the record was required to be reconstituted to bring correct position on the Register of the Registrar of Firms and Societies. An enquiry was ordered by the Registrar under the provisions of Section 32 of the Societies Registrikaran Adhiniyam with regard to the validity of the amendments said to have been registered / incorporated in 1972 and 1978 and by communication dated 21.4.1-993, the Registrar informed the society that only 1972 amendments had been registered. It appears that enquiry ws also conducted through the S.D.O., who in his report dated 17.1.1994 had informed that no meeting had taken place in respect of the amendments said to have been registered in the year 1972 and only amendments which were proposed in 1976, had been duly passed in accordance with the provisions of the Bye-laws and the body had been, therefore, properly constituted in accordance therewith.