Madhya Pradesh High Court
Rajkumar Dhamecha vs The State Of Madhya Pradesh on 8 June, 2015
1
W. P. No.8252/2015
W. P. No.8252/2015
08.06.2015
Shri A. M. Trivedi, learned Senior counsel with
Shri N. C. Bachwani, learned counsel for the
petitioner.
Heard on admission.
Sub-Section (3) of Section 25 of the M. P. Public
Trust Act, 1951, empowers the Registrar (Respondent
No.2 in present case) to fill the vacancy (ies) which occur in the Board of Trustees in case working trustees having failed to fill the vacancy (ies) within the time specified.
In the case at hand, an occasion of the nature having arisen led respondent No.2 to direct for filling up the vacancy (ies) by adhering to the modalities prescribed in bye laws i.e. by election, by appointing an election officer. During process whereof certain objections raised by the petitioners allegedly not being addressed by the election officer has led the petitioner to file this petition seeking direction to respondents to decide representation.
The relief sought when tested on the anvil of the scheme contained under Section 25 of 1951 Act, cannot be acceded. The reason being that sub-section 2 W. P. No.8252/2015 (3) of Section 25 of 1951 Act besides empowering the Registrar to pass an order regarding filling up of the vacancy in Board of Trustees creates right in "any person having interest in the public trust who may be aggrieved by the order of the Registrar, may apply to the Court for setting aside of the order of the Registrar within thirty days from the date of such orders".
Since the election process has already started, a right would accrue in the petitioner after the conclusion of the election and the order passed in writing by the Registrar to that effect.
Considered thus no indulgence is caused. Petition fails and is dismissed.
No costs.
(SANJAY YADAV) V. JUDGE Loretta 3 W. P. No.8252/2015