MUDHU VENKAT NARAYAN RAO Vs. STATE OF C.G

JUDGEMENT

(1.) THE petitioner has filed the present petition challenging the order dated 17-1-2003 passed by respondent No. 1 received under Reference No. 176/ 2003/11/Ba. U. Raipur, dated 20-1-2003.

(2.) THE facts in brief are that the petitioner is an office bearer of the Society registered as Shri Muddu Venkat Narayan Rao Memorial School Society. The election of the Society was to be held on 5-1-2003 and for that purpose the meeting was called on 3-11-2002. Annexure P-8 is the document in that regard. It is said that the election was accordingly held on 5-1-2003 as per Annexure P-9 and the list of office bearer was submitted by the Secretary as per Annexure P-10. Annexure P-11 is the certificate issued by the Assistant Registrar under Section 27 of the Society Registrikaran Adhiniyam, 1973 (hereinafter referred to as the 'Adhiniyam' in short) dated 15-1-2003. Respondent Nos. 4 to 11 filed an appeal under Section 40 of the Adhiniyam on 17-1-2003 before the Bharsadhak Adhikari stating that the Registrar, Firms and Societies, is on leave and now the State is only the alternative forum. It was stated that the opportunity of hearing was not afforded to them in the general meeting held on 5-1-2003. The Bharsadhak Adhikari, who is the Minister, entertained the appeal and passed an order on 17-1-2003 itself. It is staled that the Assistant Registrar was called for by the Bharsadhak Adhikari. Section 32 of the Adhiniyam relates to enquiry and settlement of dispute, which is quoted below:--

(3.) SECTION 40 of the aforesaid Adhiniyam relates to preference of an appeal, which is quoted below:--