TMI Blog1989 (9) TMI 393X X X X Extracts X X X X X X X X Extracts X X X X ..... 929 Lahore Congress under the leadership of Mahatma Gandhi adopted a resolution for the spread of Hindi as the common language for the whole of India with a view to promote national integrity and in pursuance of this resolution institutions for the spread and prachar of Hindi in the non-Hindi areas were established. First of this kind was established in Madras city in the name of Dakshin Bharat Hindi Prachar Samiti then in Wardha for the development and spread of Hindi in the rest of India. Late Baba Raghab Das a devoted disciple of Gandhiji undertook the task of spreading Hindi in the North Eastern part of India and in 1934 eminent local leaders of this region late Tarun Ram Phukan, late Nabin Chandra Bardaloi, late Gopinath Bardaloi, late Krishna Nath Sarma and others joined Baba Raghab Das and the first institution named Asom Hindi Prachar Samiti was formed on 3-11-1938 at Gauhati with late Gopinath Bardaloi the first Chief Minister of Assam under the 1935 Act as its President. In 1948 Asom Hindi Prachar Samiti was renamed as Asom Rashtrabhasha Prachar Samiti with its head office at Gauhati. 3. It is this Asom Rashtrabhasha Prachar Samiti, Petitioner 1, which is a registered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y inception had acquired assets and properties and the assets and properties at the time of the filing of the petition were stated to be: 1. Buildings ₹ 70,64,000.00 2. Printing press with machines and accessories ₹ 15,00,000.00 3. Furniture fixture ₹ 3,00,000.00 4. Two portraits ₹ 10,000.00 5. Vehicle ₹ 35,000.00 6. Typewriting schools including machines and furnitures ₹ 60,000.00 7. Iron safe ₹ 30,000.00 8. Compound fixing (leasedlas) ₹ 30,000.00 9. Bank deposits ₹ 3,43,000.00 10. Security deposit with Ashok Paper Mill Ltd. ₹ 30,000.00 11. Shares of Assam Coop-apex Bank Ltd. ₹ 5,000.00 12. Stock of printing papers and stationeries ₹ 50,000.00 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a was running the day-to-day administration and was managing the affairs of the Samiti according to the petitioner very efficiently and diligently. 8. It is alleged that in early part of 1983 President's rule was lifted from Assam and a Ministry headed by Shri Hiteswar Saikia was installed in power in Assam. But in the meantime the Samiti in its meeting of the Byabasthapika Sabha held on 17-7-1983 passed a resolution for amendment of the provisions of the Bidhan in the following manner: That the words contained in Section 16 at p. 21 of the Bidhan to the effect that the Chief Minister of Assam shall be the ex officio Adhyaksha of the Samiti be deleted. All other such references contained in the Bidhan be also accordingly amended. This amendment shall come into force from today the 17-7-1983. That the said resolution was adopted in full compliance of Section 30 of the Bidhan and all members present in the meeting except one supported the resolution. This resolution amending Section 16 of the Bidhan was passed considering the difficulties that arose in the working of the Samiti by keeping Chief Minister as the Adhyaksha of the Samiti. According to the petitioner this a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad been amended before that date. Petitioner also prayed for permanent injunction restraining Respondent 4 and other members of the ad hoc committee, their agents and servants from giving effect to the order. The petitioners also filed an application under order 39 rules 1 and 2 of the code of civil procedure for the issuance of a temporary injunction. 11. It is alleged that the Assistant District Judge No. 1, Gauhati by his order dated 19-7-1984 issued a notice to the defendants of that suit to show cause as to why a temporary injunction as prayed for by the petitioners should not be granted and fixed 13-8-1984 as the date for showing cause. The defendants filed their objection on 21-8-1984 and the case was fixed on 25-10-1984 for consideration of the question of issuing a temporary injunction. 12. When the matter was pending in the court for consideration of the question of temporary injunction the Governor of Assam purporting to act under clause (1) of article 230 of the constitution of india promulgated an Ordinance called the Asom Rashtrabhasha Prachar Samiti (Taking Over of Management and Control) Ordinance, 1984 and Section 1 clause (ii) of this Ordinance provided that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s action taken under the Ordinance and ultimately the Act which is the subject-matter of challenge in this writ petition. As this infringes the fundamental rights of the members who constitute the Samiti, their rights under Article 19(1)(c), and by this process of taking over the Samiti has been deprived of its assets and properties and even as alleged by the petitioners government has gone to the extent of changing the name of the institution also. It is alleged that after the passing of this Act the notification under Section 3 was issued which was EPG 57/84/75 dated 1-10-1984 by which the Rashtrabhasha Prachar Board was constituted with Respondents 11, 12 and 13 as members and by this order all persons except Respondent 12 who was not even the member of the Rashtrabhasha Prachar Samiti were nominated. 14. The petitioners also alleged that in fact all this happened because when the then Chief Minister of Assam learnt about the amendment of the constitution carried out by Byabasthapika Sabha, and that he under the unamended Bidhan was the ex officio Adhyaksha had been dropped by the amendment of the constitution, that with mala fide intention he started taking action in a manne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... heading shows that a temporary arrangement was made because the management of the Samiti was not in proper hands and the temporary arrangement was only to improve the functioning of the Society and ultimately it has to be handed over back to the elected body constituted under the Bidhan (constitution of the society registered under the Societies Registration Act) but in fact after the passing of this Act in 1984 till today the respondent State had at no point of time, even thought of restoring the body to the normal functioning after holding election in accordance with the constitution of the Society. In fact even during the hearing of this writ petition the counsel appearing for the State was asked to intimate the court if even now the State knowing that this was a temporary measure is intending to restore the Society back with elected functionaries under the constitution. It was indicated that the Government of Assam has no intentions even now to end this temporary arrangement of the Samiti. It is plain that although the Act talks of a temporary measure but it is only an eyewash and by this process the State Government intends to deprive the members of the Society their rights u ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e not in dispute. The only suggestion made in the counter is that there was mismanagement, delay in examinations and results and it was because of that that management only under this Act was taken over. But neither in the counter nor during the course of arguments anything could be said on behalf of the State for a justification of permanent taking over of the management of the Samiti depriving its members the right under article 19(1)(c) of the constitution of india. 19. In the counter it was contended that the legislature of the State was competent under Entry 25 of the List III (concurrent list) Seventh Schedule of the Constitution to enact this law. Entry 25 List III reads: 25. Education, including technical education, medical education and universities, subject to the provisions of Entries 63, 64, 65 and 66 of List I; vocational and technical training of labour. The mere perusal of Entry 25 will reveal as to how difficult it will be to stretch Entry 25 to mean the authority to deprive an association of its right under article 19(1)(c) of the constitution of india. It would have been a different situation, if the State felt that it wanted to do the same thing what t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder which they were members and future members could only come in as a result of their choice by being elected by their Working Committee. 22. It is therefore clear that so far as the present case is concerned it is not only that the new members are introduced, not only that the complete control is left to the Board to be nominated by the Government, about the persons no norms have been laid down, the person so nominated could be anyone and no control is kept to those who formed the Society, those who had a right to form an association will be kept away and the Society shall be run by a group of persons nominated by the Government in accordance with Section 3. It is therefore clear that what was done in the Sammelan Acts which were under examination in the Constitution Bench judgment referred to above, much more has been done in this case. In this case virtually the right of association has been taken away and not only that it is a sort of deprivation for all times as it is not even provided that this Board may be an interim Board and thereafter a proper board will be elected but here this Board will continue to control and manage the affairs of the Society. In the Constitutio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tional aspects the reply came that the State has no desire to restore the Samiti and therefore we are left with no option but to decide and decide upholding the Constitution and the right of association conferred under article 19(1)(c) of the constitution. We therefore allow this writ petition, set aside the notification issued under the Act enacted by the Assam legislature holding that the Act itself is ultra vires of the Constitution. We therefore also quash the notification issued under Section 3 of the Act as ultra vires by which a Board was nominated to replace the Karyapalika and Byabasthapika Sabha. 24. At the time when this Board was constituted under Section 3 the Karyapalika and Byabasthapika Sabha duly elected were functioning and they had sufficient time to go on and in this view of the matter we further direct that the Karyapalika and Byabasthapika Sabha which were in existence in 1984 when initially the action under the emergency provisions was taken followed by the notification under the Ordinance and the Act shall be restored back and they shall take over the management of the Samiti from the Board immediately but it is made clear that the Karyapalika and Byabast ..... X X X X Extracts X X X X X X X X Extracts X X X X
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