SUJIT KUMAR BANERJEE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under Art. 226 of the Constitution of India, the petitioner seeks the relief that by appropriate writ or direction the respondents be directed not to admit new members to the roll of Siddhi Bala Bose Library Association, Jabalpur and the respondents should hold the elections with the members who were on the roll of the association on the date of supersession.

(2.) The details of the case are not necessary as the controversy is very short. Undisputedly, the Siddhi Bala Bose Library Association (Association for short) is a registered society under the provisions of the M. P. Societies Registrikaran Adhiniyam, 1973. The society is governed by its bye-laws and the provisions of the 1973 Adhiniyam. It appears that some time back the council of the society was superseded and an administrator was appointed. The administrator while holding the office, started admitting new members in the roll of the society therefore, the petitioner filed writ petition No. 2327/98 which was disposed of by this Court on 17-7-98 giving opportunity to the petitioner that he can approach to the authority who shall decide the representation made by the petitioner in accordance with law and the said authority/Registrar shall also pass a speaking order. It appears that after disposal of that petition, the Registrar could pass the final order on 5-9-98, which is available on record as Annexure P-4. This petition appears to have been filed somewhere in August, 1998 much before the Registrar could pass the order.

(3.) According to the petitioner, an administrator appointed under the provisions of Section 33 is not entitled to induct new members but has only to look into the affairs and management of the society and has to take care of the interest of the society. The petitioner submits that in view of the language of Section 33(4) of 1973 Adhiniyam, the administrator has no authority or power to induct new members but has to hold the elections with the members who were on roll on the date of the supersession.