Madhya Pradesh High Court
Shree Maheshwari Samaj Ramola Trust ... vs Public Trust And Sub Divisional Officer ... on 5 July, 2018
HIGH COURT OF MADHYA PRADESH: BENCH AT
INDORE
W.P. No.3257/2018
(Shree Maheshwari Samaj Ramola Trust Vs. Registrar of
Public Trust and others)
Indore, dated 05.07.2018
Shri Vishal Lashkari, learned counsel for the petitioner.
Shri Amit Singh Sisodiya, learned counsel for the
respondent No.1.
Shri Tarun Kushwaha, learned counsel for the respondent No.2 to 4.
The petitioners have filed the present petition being aggrieved by order dted 12/01/2018 by which Sub Divisional Officer and Registrar of Public Trust, Ratlam has directed them to conduct the election of the president and other office bearer of the trust as per amendment made in the Register, Public trust on 01/01/1972.
The dispute between the petitioners and respondent No.2 to 4 is is in respect of the trust called Shri Maheshwari Samaj Ramola trust. The history of the dispute has already been narrated in order dated 22/08/2016 passed in WP No.2697/2015. The WP No.2697/2015 was decided by order dated 22/08/2016 by which the order of Registrar, Public Trust dated 13/04/2015 was set aside and he was directed to pass an order under Section 26 of the Public Trust Act, 1951 within a period of 15 days.
This Court has already held that the power of Registrar under Section 26 of the Act, 1951 is very limited, he cannot pass any injunction or interim orders, he can only give direction to the working trustee to approach the civil Court under Section 26 of the Act, 1951. Para 20 to 22 of the aforesaid order dated 22/08/2016 reads as under:-
" 20. In the present case, nature of the interim order, which has been passed by the Registrar even cannot be passed by way of final order under section 26 of the Act, 1951, therefore, the Authority or the Court which cannot pass final order of particular nature, cannot pass even interim order.
21. The Registrar, Public Trust is a creature of statute and derives power from the express provisions of the Act, 1951. The Registrar has not been given power to grant interim relief. Hence, the power which has not been given expressly by statute cannot be exercised. I find support from the judgment of Hon'ble Apex Court in the case of Rajeev Hitendra pathak Vs. Achyut Kashinath Karekar reported in (2011 ) 9 SCC 541; Guljarilal Agrawal Vs. ACC reported in 1996(1) SCC 590 as also in the case of Morgan Stanley Mutual Fund Vs. Kartick Das reported in (1994) 4 SCC 225, of which, para 43 and 44 are relevant, which are reproduced below :
5: What is the scope of Section 14 of the Act?
43. The said section reads as under:
"(1) If, after the proceeding conducted under Section 13, the District Forum is satisfied that the goods complained against suffer from any of the defects specified in the complaint or that any of the allegations contained in the complaint about the services are proved, it shall issue an order to the opposite party directing him to take one or more of the following things, namely :
(a) to remove the defect pointed out by the appropriate laboratory from the goods in question;
(b) to replace the goods with new goods of similar description which shall be free from any defect;
(c) to return to the complainant the price, or, as the case may be, the charges paid by the complainant;
(d) to pay such amount as may be awarded by it as compensation to the consumer for any loss or injury suffered by the consumer due to the negligence of the opposite party. (2) Every order made by the District Forum under sub-section (1) shall be signed by all the members constituting it and, if there is any difference of opinion, the order of the majority of the members constituting it shall be the order of the District Forum. (3) Subject to the foregoing provisions, the procedure relating to the conduct of the meetings of the District Forum, its sittings and other matters shall be such as may be prescribed by the State Government."
44. A careful reading of the above discloses that there is no power under the Act to grant any interim relief of (sic or) even an ad interim relief. Only a final relief could be granted. If the jurisdiction of the Forum to grant relief is confined to the four clauses+ mentioned under Section 14, it passes our comprehension as to how an interim injunction could ever be granted disregarding even the balance of convenience.
At the most, the Registrar could have directed the trust or the applicant to approach Civil Court for obtaining interim relief.
22. Therefore, in view of the above, the impugned order dated 13/04/2015 deserves to be set aside and is accordingly set aside. The Registrar, Public Trust, Ratlam is directed to pass an order under section 26 of the Act, 1951 within a period of 15 days from the date of production of certified copy of this order."
After the aforesaid order, petitioner as well as respondents appeared before the Registrar. The Registrar vide order dated 12/01/2018 after recording certain finding has directed president to conduct the election of managing committee within a period of one month, failing which the committee shall be treated as desolve and interim committee would be constituted.
Being aggrieved by the aforesaid order, petitioners have filed this petition. After hearing at length consensus has been arrived between the parties to the extent that the Registrar himself cannot pass any order in respect of election in the matter under Section 26 of the Act, 1951. He can only direct the working trustee to approach the civil Court to obtain any order under Section 27 of the Act.
In view of the above, the impugned order is set aside instead of remanding the matter back to the Registrar, it would be appropriate to direct the petitioners- working trustees to approach the Civil Court within a period of 15 days from today under Section 27 of the Act, 1951. It is made clear that if petitioners fail to approach the Civil Court then SDO/Registrar/Public Trust, Ratlam will file an application before Civil Court under Section 27 of the Act. 1951.
C.C. as per rules.
(Vivek Rusia) Judge vibha Digitally signed by Vibha Pachori Date: 2018.07.06 17:14:16 +05'30'