S P JAT Vs. STATE OF M P

JUDGEMENT

(1.) The facts which infact are chequered and as I understand are as follows ; on 16.11.1990 (Annexure R-7) the society known as G.C.F. Karmachari Union School was superseded by the State Government and an administrator for a period of one year was appointed. By order dated 29.10.1993 (Annexure R-2) the said administrator held that the 48 members who were inducted by the then Secretary Balak Ram Verma were not properly inducted therefore, they had no right to take part in the election. He further held that 15 member as were on the roll on 11.5.1981 and other 15 members who were on roll on 1.4.1984, in all 30 members were entitled to take part in the elections. The supersession order (Annexure R-7) was challenged by the said Balak Ram Verma in M.P. No. 4242/89. Before the said writ petition could be heard order (Annexure R-2) dated 29.10.1993 was passed by the administrator. It appears that the said writ petition No. 4242/89 was disposed of on 11.12.1993 (under Annexure R-16) but the order dated 29.10.1993 was not brought to the notice of this Court. This Court in its judgment dated 11.12.1993 observed that no new managing committee of the society was constituted by the authorised officer. This Court disposed of the petition with the direction that the State and Registrar should hand-over the management of the petitioner-society to its managing committee through its Secretary Balak Ram Verma within 10 days of 11.12.1993. This Court also directed that it would be for the person in-charge to take necessary steps to conduct the elections in accordance with law, rules or regulations bye-laws as applicable to the petitioner-society for the said purpose. The records show that M.P. No. 4492'/93 was filed by G.C.F. Karmachari Union School through Secretary, Balak Ram Verma some where in November against the administrator's order dated 29.10.1993 (Annexure R-2). After obtaining some interim orders, during pendency of M.P. No. 4492/93 the elections were held. The said elections were held on 24.4.1994.

(2.) An information was submitted to the Registrar under Section 27 of the M.P. Societies Registrikaran Adhiniyam, 1973. Before any order on the said application could be passed by the Registrar, M.P. No. 4492/93 was withdrawn by the union represented by Shri Balakram Verma on 24.6.1994 (Annexure R-3). It appears that on 28.6.1994 the Registrar took the names of the newly elected office bearers on record vide his order no. Jabalpur 33/5/1838/94 (Annexure P-1 = R-8).

(3.) The order dated 28.6.1994 was challenged by other set of 30 members through B.N. Mukherjee before the State Government. Vide order dated 24.6.1996 the State Government set aside the order passed by the Registrar. Order of the State Government is available on record as (Annexure R-9). It appears that before Registrar had taken the names of 1994 body on record, elections for 1996 were held on 11.4.1996. Vide Annexure P-2 the names of the newly elected body were taken on record on 11.4.1996. It appears that the other 30 members also held the elections and gave an information to the Registrar. The Assistant Registrar by his order dated 12.7.1996 bearing No. ARJ/1037/96 informed Shri B.N. Mukherjee that the list submitted by Shri B.N. Mukherjee representing 30 members) could not be accepted. The order is available on record as Annexure R-11.