Madhya Pradesh High Court
Evangelical Lutheran Church In M.P. ... vs Registrar, Firms And Societies M.P. on 21 August, 2024
Author: Vishal Dhagat
Bench: Vishal Dhagat
NEUTRAL CITATION NO. 2024:MPHC-JBP:43212
1 WP-11790-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 21st OF AUGUST, 2024
WRIT PETITION No. 11790 of 2024
EVANGELICAL LUTHERAN CHURCH IN M.P. (ELC IN M.P.) AND
OTHERS
Versus
REGISTRAR, FIRMS AND SOCIETIES M.P. AND OTHERS
Appearance:
Shri Siddharth Gulatee - Advocate for petitioners.
Shri Shiv Kumar Shrivastava - Government Advocate for respondent/State.
Shri Dinesh KUmar Upadhyay - Advocate for respondent No.3.
ORDER
Petitioners have filed this petition under Article 226 of the Constitution of India challenging order dated 22.04.2024 contained in Annexure-P/15 passed by respondent No.1 i.e. Registrar Firms and Societies (M.P.) in Case No.178/2024.
2. On 22.04.2024, notice was issued to petitioner for hearing on representation dated 18.12.2023 filed by respondent No.3 namely Vinay Devis. Vinay Devis had filed W.P. No.5635/2024 before High Court which was disposed of vide order dated 15.03.2024 directing respondent No.2 and 3 to take decision on representation dated 18.12.2023 within period of 90 days from the date of receipt of certified copy of the order. Respondent No.3 has filed a representation regarding irregularities being committed by officials of petitioner society. Reference was made to enquiry report of Auditor and Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 31-08-2024 14:45:23 NEUTRAL CITATION NO. 2024:MPHC-JBP:43212 2 WP-11790-2024 Enquiry Officer Shri M.L. Kukdape. Prayer was made to appoint Administrator in petitioner society so that accused can be brought to book.
3. Learned counsel appearing for petitioner submitted that petitioner had filed W.P. No.11109/2021 against notice dated 10.06.2021 issued to society by enquiry officer conducting enquiry in respect of working and management of petitioner society. Two individual persons namely one Salil Lawrence and Abhay Alpheeus has also filed petition against petitioner society bearing W.P. No.26611/2021 making a prayer to hold enquiry against petitioner society and for appointment of Administrator. W.P. No.26611/2021 was dismissed by Court vide order dated 03.02.2022 relegating petitioner to approach Registrar for exhausting alternate remedy available to them under Section 32 of M.P. Society Registrikaran Adhiniyam, 1973, for causing an enquiry. Meanwhile, W.P. No.11109/2021 was dismissed vide order dated 01.11.2022. Initiation of proceeding by Registrar under Section 32 of Adhiniyam of 1973 was held to be just and proper. Liberty was granted to Registrar to pass appropriate orders in respect of seizing of original records. Order passed in W.P. No.26611/2021 was challenged in W.A. No.320/2022. Writ appeal was disposed of vide order dated 01.11.2022. Since W.P. No.11109/2021 was dismissed holding initiation of enquiry by Registrar to be proper, therefore, appeal was also disposed of holding that there is no impediment for respondent/State to proceed in accordance with law against concerned respondents. Registrar was at liberty to follow the procedure of law in enquiry. Contentions of petitioner was kept open. It is submitted that aforesaid orders passed by High Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 31-08-2024 14:45:23 NEUTRAL CITATION NO. 2024:MPHC-JBP:43212 3 WP-11790-2024 Court were suppressed by respondent No.3 and petition was disposed of directing respondent No.2 and 3 to decide pending representation. No notice in writ petition was issued to petitioner. Order was passed behind the back of petitioner. Now, respondent had registered a de novo enquiry proceeding under Section 32 of Adhiniyam, 1973 and notice of said proceeding has been issued to petitioner dated 22.04.2024. It is submitted that notices are bad in law as there is direction. De novo proceeding under Section 32 of Adhiniyam could not have been registered by Registrar Firms and Societies. He ought to have concluded the enquiry which was initiated earlier under Section 32 and said proceeding has also been affirmed by High Court in W.P. No.11109/2021 and in W.A. No.320/2022, therefore, notice dated 22.04.2024 contained in Annexure-P/15 be set aside.
4. Government Advocate appearing for State raised preliminary objection regarding maintainability of petition. Petition is filed against show cause notice which has been issued in compliance of order passed by High Court. After passing of orders in writ petition proceedings in enquiry under Section 32 continued and culminated into enquiry report Annexure-P/9. Meanwhile, W.P. No.5635/2024 was filed before High Court which was disposed of to decide representation. Notice has not been issued for fresh enquiry under Section 32 of Adhiniyam, 1973. Notice has been issued in respect of appointment of an Administrator and not for initiating fresh enquiry. There is no illegality in notice issued to petitioners. Petition be dismissed.
5. Counsel appearing for respondent No.3 submitted that notice has not Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 31-08-2024 14:45:23 NEUTRAL CITATION NO. 2024:MPHC-JBP:43212 4 WP-11790-2024 been issued for conduct of second enquiry under Section 32 of Adhiniyam, 1973. It is submitted that enquiry is completed under Section 32, but no action has been taken on said enquiry report, therefore, writ petition No.5635/2024 was filed before High Court and order dated 22.04.2024 was passed to decide representation. No case is made out for interference and petitioner be dismissed.
6. Heard the counsel for the parties.
7. Perused pleadings in writ petition No.5635/2024. In said writ petition reference has been given to orders passed in W.P. No.11109/2021, W.P. No.26611/2021 and orders passed in W.A. No.320/2022. It was further stated that after passing of orders dated 01.11.2022 in W.P. No.11109/2021 and W.A. No.320/2022, enquiry proceeded further. High Court held enquiry by Registrar under Section 32 to be justified and observation was also made that there is no impediment to proceed with enquiry. After completion of enquiry, report was submitted on 28.08.2023. In said enquiry report, number of illegalities has been found. Despite submission of enquiry report, office bearers of society continue to officiate in society. Therefore, petitioner was forced to file writ petition before this Court for appointment of Administrator.
8. On going through notice dated 22.02.2024, it is found that notice has only been issued to hear petitioner on representation of respondent in light of enquiry report. Fresh enquiry under Section 32 is not initiated by said notice dated 22.04.2024. Petitioner does not have any cause of action against said notice dated 22.04.2024. Petitioner is not being axed twice. No enquiry is Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 31-08-2024 14:45:23 NEUTRAL CITATION NO. 2024:MPHC-JBP:43212 5 WP-11790-2024 being conducted under Section 32. No case is made out for interference by this Court.
9. In view of aforesaid, writ petition is dismissed with liberty to petitioners to raise all grounds in reply to show cause notice dated 22.04.2024.
10. Certified copy as per rules.
(VISHAL DHAGAT) JUDGE sp/-
Signature Not Verified Signed by: SUNIL KUMAR PATEL Signing time: 31-08-2024 14:45:23