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1974 (8) TMI 99 - SUPREME COURTTwo notifications dated 11 August, 1972 issued by the State Government challenged Held that:- In the present case, the impeached orders suffer from two insurmountable infirmities. One is that the entire committee of Management has been superseded. There is a provision under section 30 of the Act to supersede the management. The State Government does not take recourse to the don. Indirectly the State Government has overthrown- the Committee of Management including the President and the Vice-President. The President and the Vice-President are officers within the meaning of section 2(g) of the Act. Section 54 does not confer any power to remove the President and the Vice- President of the Society. Section 54 contemplates exercise of control over the conduct of the business. The word "control" suggests check, restraint or influence. Control is intended to regulate and hold in check and restrain from action. In the guise exercising control the State has displaced the committee of Management and substituted its own Committee. The State has indirectly intended to achieve what it is directly prohibited from doing under section 54 of the Act. The second vice of the notification is that it is in violation of principles of natural justice. Section 30 of the Act contemplates a notice where the State intends to supersede the Management. The Committee has been deprived of their right to manage the affairs of the Society. They have been deprived of the right arbitrarily and in utter defiance of the powers under the statute. The High Court rightly set aside the impeached notifications. Appeal dismissed.
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