High CourtsSingle Bench(2013) 09 MP CK 0076

Ms. Tomar Shiksha Prasar and Samaj Kalyan vs State of M.P.

Madhya Pradesh High Court · Decided on 26 September 2013

HON’BLE JUDGES
S.K. Gangele, J
RESULT
Disposed Off
CASE NUMBER
Writ Petition 6857 of 2013

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Judgment

8 paragraphs · 405 words

S.K. Gangele, J.—They are heard. The grievance of the petitioner in this petition is that the society has submitted a list of elected office bearers of the society to the Assistant Registrar, Firms and Societies (Respondent No. 3) for verification, however, the Assistant Registrar has not passed any order in regard to verification of the list. Copy of the application submitted by the petitioner has been filed as Annexure P/4. By the aforesaid application, the petitioner submitted a list of elected office bearers of the society in the elections held on 1/11/2012. Another list has also been submitted by the petitioner of the year 2013 for verification. However, the respondent No. 3 has not passed any order on the applications.

2.

Section 27 of the Societies Registrikaran Adhiniyam, 1973 prescribes that the society is under obligation to submit list of governing body to the Registrar. Relevant provision reads thus:

Annual list of governing body to be filed - Once in every year, or before the forty-fifth day on which according to the regulations of the society, the annual general meeting of the society is held or if the regulation do not provide for an annual general meeting, then within forty five days of the 31st day of January a list of the full names, permanent addresses and chief occupations and other if any, with signature or the governing body shall be filed with the Registrar by the President or Secretary in such form with such documents together with such fee as may be prescribed;

provided that the Registrar may, for reasons to be recorded in writing, grant further time not exceeding fifteen days for compliance;

provided further that if the society fails to file the list within the prescribed time limit or within the extended time, it may file the same within thirty days from the last day of the prescribed time or extended time, as the case may be, with such late fee as may be prescribed.

3.

In view of the aforesaid provision, this petition is disposed of that respondent No. 3 Assistant Registrar, Firms and Societies shall pass appropriate orders on the applications Annexures P/4 and P/6 submitted by the petitioner within a period of three weeks from the date of receipt of certified copy of this order.

4.

It is hereby clarified that this Court has not opined about the merits of the case.

5.

Petition is disposed of. Certified copy.