The Central Homoeopathic and Biochemic Association, Gwalior vs The Registrar, Firms and Societies, Bhopal and Others

Sanjay Yadav, J.

The Petitioner, a voluntary organization, duly registered under M.P. Societies Registration Adhiniyam, 1973, expelled Respondent No. 2 to 7 from its membership vide resolution dated 30/7(sic) 06. The aggrieved members i.e. Respondent No. 2 to 7 approached the Registrar, Firms and Society, purporting to be u/s 40 of the Society Registrikaran Adhiniyam, 1973 (hereinafter referred to as Adhiniyam, 1973). The Petitioner has raise an objection before the Registrar, Firms and Society as to maintainability of the Appeal u/s 40 and since no decision has been taken by the Registrar in respect of the maintainability of the Appeal the Petitioner has filed present Writ Petition seeking the following reliefs: "It is, therefore, very humbly prayed that this Hon''ble Court may be pleased to quash the entire proceedings of appeal, pending before the Respondent No. 1" In advancement to his contentions the Counsel for the Petitioner submits that the Registrar does not exercise an Original Jurisdiction u/s 40 in contradiction to what he enjoys under Chapter VII and more particularly u/s 32 of the Adhiniyam 1973, it is put forth that the Registrar cannot under the garb of his powers under Chapter VII entertain an Appeal.

Having considered the submissions made at bar and taking into consideration the fact that the Appeal is still pending, as submitted by the Counsel for the Petitioner, this petition is finally disposed of at motion stage with a direction to Respondent No. 1 that he shall first address himself to the issue of Jurisdiction and maintainability of the Appeal and pass a speaking Order thereof, within a period of 30 days from receiving the certified copy of this Order. It is made clear that this Court has not expressed its opinion on the merit of the issue involved and the Respondent No. 1 shall take a decision in accordance with law.