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1994 DIGILAW 550 (MP)

GOVERNING BODY JAIN SHIKSHAN PRASAR SAMITI MANDSANR v. STATE OF MADHYA PRADESH

1994-08-02

A.R.TIWARI

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A. R. TIWARI, J. ( 1 ) JAIN Shikshan Prasar Samiti, Mandsaur is the registered Society under the provisions of the Madhya Pradesh Society, Registri-karan Adhiniyam, 1973, (for short, 'the Adhiniyam') Its affairs are managed by the Governing Body. On certain complaints, respondent no. 1 passed two orders on 18. 5. 94. One order was passed under section 33 (8) of the Adhiniyam by which the Governing Body of this Society was placed under supervision of the Collector, Mandsaur (Annexure P/28 ). The other order was passed on the san e day under section 33 (2) of the adhiniyam (Annexure P/29) by which the petitioner was asked to show cause as why the Governing Body of the Society be not removed in terms of Section 33 (1) of the aforesaid Adhiniyam. Aggrieved by these two orders, (Annex. P/28 and P/29), the petitioner filed counter reply. On consent of the parties, the petition is finally heard. ( 2 ) 1 have heard both the sides. ( 3 ) IT is an admitted position that order dated 18. 5. 94 (Annexure P/28)was passed without giving any opportunity of hearing to the petitioner. It is again undisputed fact that by order dated 18. 5. 94 (Annexure P/25) show cause notice was issued and at the same time, powers of the Governing Body were put under eclipse and made subordinate to the Collector, mandsaur. ( 4 ) COUNSEL for the petitioner urged that the order Annex. P/28 is invalid and illegal because it is in violation of principles of natural justice. He also submits that the order Annex- P/29 is clearly inutile and futile because no such show cause notice could be issued without opportunity of hearing by the Registr tr. He, therefore, challenged these two orders. ( 5 ) THE Government Advocate, on the other hand, supports the order. ( 6 ) I have perused the order Annexure P/28. It takes away the powers of the Governing Body. In my view such orders are not sustainable in law without hearing the affected persons or body. He, therefore, challenged these two orders. ( 5 ) THE Government Advocate, on the other hand, supports the order. ( 6 ) I have perused the order Annexure P/28. It takes away the powers of the Governing Body. In my view such orders are not sustainable in law without hearing the affected persons or body. In AIR 1973 SC 834 State of Punjab v. K R. Erry and another, it is held as under i "with the proliferation or' administrative decisions in the welfare state it is now further recognised by courts both In England and in this country, that where a body or authority Is characteristically administrative the principle of natural justice is also liable to be invoked if the decision of that body or authority affects individual rights or interests and having regard to the particular situation it could be unfair for the body or authority not to have allowed a reasonable opportunity to be heard. Case Law Discussed. AIR 1960 SC 247 , Distinguished. "' ( 7 ) AS regards the order (Aunexure P/29) I find that it is only the show cause notice and all contentions raised in this petition may be urged before the concerning authority and the concerning authority may be requested to drop or decide the matter in conformity with law. ( 8 ) IN the result, I find it fit to quash the order (Annexure P/28 ). As regards the order (Annex P/29) I grant liberty to the petitioner to submit the reply in answer to the notice (Annex. P/29) within a period of one month from today Respondent No. 1 shall consider objections and take appropriate decision consistent with the principles of natural justice within three months from submission of the objections. In case the respondent no. I chooses to decide the matter against the petitioner, it shall pass reasoned order. On such adverse order, the petitioner shall have the right to impugne the same before appropriate forum on reasonable grounds. ( 9 ) THIS petition is, thus allowed only in part. The order (Annexure p/28) is hereby quashed and consideration of the notice (Annexure P/29) is left to respondent No. 1 as noted above. ( 10 ) THE petition stands finally disposed of in terms indicated above without any order as to costs. Petition allowed .