PRAVAT KUMAR MANADHATA Vs. ADDL. DISTRICT MAGISTRATE

JUDGEMENT

(1.) Juva Jyoti Club, Kumandol, Nairi in the District of Khurda is a Society registered under the Societies Registration Act, 1860 (for short, 'the Act') having Registration No.391-230/83-84. The petitioner, who was the Secretary of the said club, being aggrieved by the order dated 20.8.2004 under Annexure-4 passed by the Addl. District Magistrate, Khurda approving the election of the Executive Body held in the General Body Meeting electing the members and Shri Laxmidhar Rana as the President and Smt. Promodini Mandhata as the secretary to the executive body, has approached this Court under Article 226 of the Constitution of India with a prayer to quash the said order passed by the Addl. District Magistrate, Khurda.

(2.) The opp.parties 2 to 9 who are the newly elected members of the Executive Body of the aforementioned club, have raised a preliminary objection to the maintainability of the writ petition on the ground that the dispute involves various question of facts and is, in effect, a private dispute, which should not be entertained in an application under Articles 226 of the Constitution of India.

(3.) In order to appreciate the rival contentions of the parties, it is felt necessary to state the facts involved in the case, in brief, which are as follows:- The petitioner was the Secretary of the above named Juva Jyoti Club which, as stated, is a Registered Society. It is alleged by the petitioner that one Shri Debaraj Mandhata with ulterior motive constituted a parallel body under the same name and style of Juva Jyoti Club. A Civil Suit bearing No.232 of 2001 was filed in the Court of learned Civil Judge (Senior Division), Khurda by one Shri Bankanidhi Majhi against the petitioner and Others in which the petitioner was the sole contesting defendant. The said suit was ultimately dismissed on contest by judgment dated 12.12.2003 refusing to grant the relief of declaration that the Managing Committee of the club headed by the plaintiff in the said suit and constituted by the proforma defendants is a valid committee. It is further alleged that in order to harass the petitioner and disrupt the smooth functioning of the charitable works of the club, without the knowledge of the existing Executive Body of the Society, by a factitious meeting sated to have been held on 25.4.2004, elected a new Executive Body of the Club and filed the same before the Addl. District Magistrate, Khurda, basing on which the impugned order was passed. It appears from Annexure-3 series that a number of letters were addressed to the Addl. District Magistrate, Khurda by the petitioner, who was the secretary of the said Club.