IGH COURT OF CHHATTISGARH AT BILASPUR W.P.[C] No.07 OF 2007 ax €g Sd/T Dhirendra Mishra Judge ’i ***c_a;$200’8’” POST FOR ORDER ON OI 5.2008 H f PETITIONER Khoja Shia Isna Ashri Jamm‘, Raipur‘. > Vs RESPONDENTS - RegisTr'ar', Firms & SocieTies ChhaHisgar'h, Raipur & others HIGH COURT OF CHHATTIseARH AT BILAsPUR "w.P.[c1 No.07 OF 2007 PETITIONER Khoja Shia Isna Ashri Jamaf, A society regisfered under The Socie‘ries Regisfr'ikar'an Act, 1973, Baijnafhpar‘a, Raipur, Through Secrefar'y, Shri Ejaz Ali, son of Shrir Anwar‘ AH, Aged abouf 46 years, resident of Fafwara Chowk, Buir’an Bozar', Disf. Raipur (Chha‘rfisgarh) RESPONDENTS 1. Regis’rr‘ar', Firms & Societies Chhaffisgarh, O- 5,’ Anupam Nagar, Rdipur (Chha’r‘risgarh). 2. Collec‘ror, Dis’rricf Raipur, as Elecfion Officer, Khoja Shia Isna Ashri Jama’r, Raipur (Chhatfisgarh) ‘ 3. Najaf Ali, son of Lofe Shri Hosan Ali, aged abouf 47 years, residenf of ~3rd Floor, Zoeb Complex, Chinese Foo’rwear, Baijna-Thpara, Raipur, Dis’rricf Raipur (Chhah‘isgarh). Vs Presenf: Mr. Manindrd Shrivas’rava, Sr. Advoca’re wifh Mr. Amrifo Das, Advocafe for The pe‘l‘ifioner. Mr. V.V.S. Mur‘rhy, Depu’ry Advocafe General for respondent No.1 & 2. Mr. Ali Asgar, Advoc‘afe for (respondenf No.3. ORDER (Passed on jl” May, 2008) i Dhirendra Mishra . J J 1) The maf’rer was lisfed‘for furfher hearing, however, since ’rhe pleadings are com’piefe, wi‘lh fhe consen‘r of the por’ries, fhe ; maf’rer is heard finally for disposal. ’\93 . The pe’ri‘rioner, a socie'ry regisfer‘e unr fhe CG. Societies gis’rrikran Adhiniyam, 197 (for sor 'Ahiyam, 197'), as prefere 1‘his pe‘riion againsf Te rder da‘ld .11.2006 nnexure P—1) passed by rendem‘ N.1- egisfrar, Firms & oieties hah‘isgar Raipu. The egisfrar, by ’rhe impugn oder, has direcTed ’he pefioner sociefy ‘io conduct elecfion f ’he execufive comittee for t pots mentioed in Clause 63 of the registered bye-laws o the sciety o amongst the Iegally enrolled members as r lause 4 & of the byelaws. Deputy Collector, to be no C e a on O r du t c Rea 3 hr’ din 3 H rd f ‘ h o ‘e 10 (A spo o g Sc Chh, r E ed r r fi j o r m he s n if o frm pe Cs 5 minated by the ollector, has ben appointed s Electi fficer fo concting he eletion. . earned nior Advocate for the petition submits hat the above order of responent No.1 herein is arbitrary, contrary t the scheme ctained in the Adhiniyam, 1973, the se amounts unlawful terference with the adinistration o a private unaided society and e same has been pased without affordin any pportnit to the petioner in excess of e powers conferred under the Adhiniyam, 1973, by the re sb ei iy a d spondent No.1—Registrar. He further umits that sub- scton (4) of Section 32 of Adhinam, 1973 csts a uty upon the Registrar to communicate the result of the enquiry to th society an allow them time to rectify te shortcomings pointed out in the enquiry report and only on failure of the society appropriate directions may be issued to the society for comp‘liance. However, there is no provision in the Adhiniyam, 1973 which empowers the Registrar to appoint Election Officer for the purposes of conducting election of the office bearers of the society and the above direction is de~hors “%5 the Scheme of the Adhiniyam, 1973 and the same constitutes undue interference in the management of a privately finand oCiety. ri Q d de L Se er t d o on am in m f th s g ouy ti th ‘ e d h ce s Q . On The o’rh han, learned cunsel for responden‘f No.1 & 2 nd resondenf No.3 in ’rheir' sepra’re reTurn have aVe'd h’r ’rhe oer ped by responden‘l‘ No.1 hein i appealable nder S‘rion 4O of the Adhiniyam, 9 nd The pi‘l’ioner, u‘t availin ’e sfatu’ory aITernafive remy of referrng appeal has proaced fhs Cour‘r and fherefore e ‘’ro s n man’ranable for vaabfy of al’rernafe eedy. If has been furrhr Subm’r‘r fhaf as r egfered yelaws of e society fhe 'elecfion was conducfed in The year 001 as r CUSe 6 of The byela Term of e execuTve mmI e I T I I er 20 Is f a hve In ben nducTed since Then. The Adhinam, 1973 empos The eisTrar To nd enquiry inTo The affais f T socieTy nd if soe irregulaTy is foud i The sociey, Te egisTrar s fTher empowered To issue apaTe direcns To The ocieTy ur sub-secTion (4) of ecTion 32 o The Adhiiyam, 197 and such drecTios ar binding o The ocieTy. he 3 in _e n s T esTrar i furTher empowed under ecTi 32 (3) (c) of he Ainiyam, 1973 To al-I The meeing of ThescieTy. T dh c T o d p a s r're +a rd ass re s a ec 173 a e’r Wifho g rh r ed pi aph l ’rh pehln I of ll atllll lv rm ’e ued pe rus b fh 2 pe Ia ws Th I coTTee lecTed n he annual general meeTng held n The ya 01 o Three yer, ower, no elecTo has e co iy wer Rg coucT r o he a m ri n n T h R i ur pprori Tio S nde S f n Reo r f e Tner , . spndenT No.3, who was membe o Th peiTio socieTy has fUrTer submiTTed in his Tn ThaT he used To raise his 'oice againsT The financial irregaries commiTTed b The v ulTi y PresidenT of The peTiTioner socieTy and Therefore, he was expelled from The membership of The socieTy arbiTrariIy on 18.9.2006. Respond'enT No.3 and oTher members made a complainT againsT The expulsion of respondenT No.3 as also- againsT The financial irregulariTies commiTTed by The PresidenT (Si SecreTary of The peTiTioner socieTy To The RegisTrar, Firms & SocieTies, Raipur, who ordered enquiry, under SecTion 32 (1) of The Adhiniyam, 1973. The InspecTor, Firms 6i SocieTies vide his reporT daTed 31.10.2006 submiTTed l l i ’ »,-., @ er d o Rgi s er Son h reur dié‘l‘ail enquiry reporf, The same was duly forwarded by fhe Registrar To the pe’ri’rioner‘ socie‘ry on 31.10.2006 vide Annexure P-4 and an explanafion was called for wi'rhin seven days On faulur‘e of the pe’rmoner socue‘ry To subml‘r their explanahon dlrec’rlon of Annexure P 1 was Issued Byelaws of Annexure P3 of The pefmoner socue’ry empower the #egis’rrar, Firms & Socie’ries To fake action and pass orders which is binding on The peTiTioner‘ socieTy. . I‘ have heard learned counsel for The parTies. .In compliance of The enquiry order daTed 25.9.2006, The InspecTor, Firms & SocieTies conducTed enquiry ihTo The' affairs of The socieTy and submiTTed his reporT daTed 31.10.2006. In The above rep‘orT various irregulariTies, as deTailed in The impugned order, were found. The RegisTrar forwarded copy of fhe enquiry reporT in accordance wiTh SecTion 32 (1) of The Adhiniyam, 1973 To The peTiTioner socieTy and called Their poinT-wise explanaTion wiThin seven days. When no explanafion was submiTTed The findings of The enquiry were communicaTed To The peTiTioner socieTy and if Was furTher direcTed ThaT legally elecTed execu‘l’ive commiTTee is necessary for proper func‘l'ioning of The socieTy and accordingly, a DepuTy CollecTor To be nominaTed by The CollecTor, Raipur was appoinTed as ElecTion Officer for condUCTing elecTion in The pe‘l‘ifioner socieTy. . Sub—secTion (1) of SecTion 32 Adhiniyam, 1973 empowers fhe Regisfrar eiTher To hold enquiry- himself or by a person authorized by him in The corisTiTuTion, working and financial condiTions of a socieTy. The RegisTrar may exercise This power on iTs own moTion or on an applicaTion made under sub— secTion (2) of SecTion 32. Sub-secTion’(3) of SecTion 32 empowers The RegisTrar or a person auThorized by him under * i .‘xx‘ ‘ .‘‘g, §§2 sb-sion ) The pwer emer‘d in This secfion for olding equiry which includes acess 1’0 The ooks, accounts, cumenfs and other properties of fhe sociefes; smoning Th dg Th y ad xamining such person n oath; direc’on to ’rhe officer f h cy e ha office of The socieTy and where The office of The scie refused or ail o .call such meeTi, T himself l oTy f T ng o cal eTin and The meeTing led is T be regulTed by The byelaws oThe socieTy. Sub-seTion (4) of The SecTin 3 mpowers The RegisTrar T communicaTe The resulT of The nir a ep h pr d T n p cd d 6 s ceTy pf Annexure P—3 provides ThaT he ferm of The mmbers of The execuTive commiTTee shall be Three years, e exuTive commiTTe wilconsisTs of 12 mmber inclding PresidenT, Vice-PresideT, SecreTay, General creary and "h se T F a oe dj The is uecf (1 os nume h n c b d‘o i um e wifness having kn6wlee of 'rhe affairs of' e socief h e o ri o Te soieT To convene general meeTing of The socieTy aT Th ed r mieg so cal o a f c o 2 e o equy To The socieTy and lso mowers im To issue apropiaTe irecTions To he socieTy which shall be binding o all arTies oncerne. AparT from SecTion 32 of The Ahiniyam, 1973, Clause A of The regiTered byelaws of The soi T e Th ec e l es u n r SeT Casier. Clau 22 empowers The Regisrar, irms nd‘ sciTies To audicaTe dpuTe and his decision is To be final. Clause 23 empo’Wers The RegisTrar, Firms & sociTies or a person uThorized by him To call Te meeTing of The socieTy, i neessary, and in ThaT conTingency The agend of The meeTn i aso To be prepared by him. Clause 2 empowers Th e pe c pp e nir m n e f c a ig s l 8 e kgisTrar To suerced The execuTive ommiTTee and aoinT ad-hoc commiTTe oradmisTraTo in iTs place and such commiTTee or adinisTraTor has To work i accordanc wiTh The direcTions of The RegisTrar. .9. Thus, from perusal of The SecTion 32 of The Adhiniyam, 1973 and The rules & regulaTions applicable To The peTiTioner socieTy, The impugned order passed by The reSpondenT No.1- {s l l l § e a h 97‘ Q Regisfr‘ar under The purpom‘ed exercise of powers under secfion 32 (4) of Adhiniyam, 1973 cannof be termed To be in fhe excess of jurisdiction ves’red in him under ’rhe Adhiniycm, 1973 and The byelaws. 10‘. In This view of The muTTer, Taking inTo consideraTion The EirregulariTies found in The enquiry reporT by The enquiry jofficer and also considering ThaT even afTer due icommunicaTion The peTiTioner socieTy did noT care To recTify The defecTs, so poinTedrouT, and submiT Their expIanaTion wiThin The sTipuIaTed period, in The considered opinion‘of This CourT respondenT No.1—RegisTrar, Firms & SocieTies ChhaTTigarh, Raipur has noT commiTTed any iIlegaIiTy, infirmiTy or jurisdicTional error in passing The impugned order of Annexure P-1, which warranTs inTerference in The eXercise of 'jurisdicTion under ArTicle 226/227 of The ConsTiTuTion of India. 1 1.In The resulT, The peTiTion has no subsTance, The same deserves To be dismissed and iT is accordingly hereby if dismissed. Sd/— Dhirendra Mishra Judge 2i/05/2008 12. No order as To cosTs. Roshanl- \T‘ 2 k