MADHYA PRADESH PAL SAMAJ SOCIETIES Vs. ASSISTANT REGISTRAR

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution of India the petitioner makes a complaint that respondent No. 1 and 2 are not taking any action against respondent No. 3 to 5 on the complaint filed by the petitioner under Section 26 of the M.P. Societies Registrikaran Adhiniyam, 1973. According to the petitioner the petitioner is a registered society which is having its own Bye-laws. The petitioner contends that the elections of the petitioner's Samaj were held on 26.2.1995 and Shaiten Singh Pal was elected as senior Vice-President. According to the petitioner the respondent Nos. 3 to 5 were members of the earlier governing body and as they did not furnish annual accounts to respondent Nos, 1 and 2 and as they did not hand-over the files, documents, account books, etc. to the petitioner, the respondent Nos. 1 and 2 on the application of the petitioner were duty bound to initiate the action. The petitioner submits that the complaints made by them remained unattended and, therefore, they were forced to file the petition. The respondent Nos. 1 and 2 contested the petition and submitted that as the petitioner has filed a civil suit No. 46-A/95 in the Court of Vth Civil Judge, Class II, Bhopal raising the same disputes and has suppressed this material fact they are not entitled to any relief. It was also submitted that an application under Section 26 can only be filed by the legally elected governing body after complying with the provisions of Section 27 of the Act and as the petitioner did not furnish any information or the itself the members of the governing body or the details about its election, the respondents were unable to take cognizance of the application. The respondent Nos. 3 to 5 also filed reply to the petition but had choosen to remain exparte at the time of hearing. According to their return, the petitioner is not a duly elected body and as they have already filed the civil suit, the petition deserves to be dismissed.

(2.) According to Section 26 of the Act, the Registrar can seize the records, etc., where he is satisfied that the records are likely to be tempered with or destroyed and the funds and the property of the society are likely to be mis-appropriated or misapplied or if the governing body of a society is reconstituted at a general meeting of the society and out-going members of the governing body refused to hand-over charge of the records and property of the society to those having to or entitled to receive such property.

(3.) According to Section 27 of the Act once in every year the general meeting of the society is to be held and within fourteen days a list of the full names permanent addresses, etc. of the governing body shall be filed with the Registrar by the President, Secretary or any person authorised.