TMI Blog1995 (7) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... uded that the elected body was rightly elected. An order to this effect was passed by the Registrar. Copy of this is Annexure P/VII vide order, Annexure P/VIII decision P/VH was set aside by order. This happened on 21st of October, 1991. Directions were given to hold fresh enquiry. Order, Annexure P/IX was passed in this regard. The competent authority came to the conclusion that the election held on 10th of December, 1989 was rightly held. This order was challenged in this Court. This Court in writ petition No. 363/1992 passed an order copy whereof is Annexure P/X. This Court came to the conclusion that fresh election should be held. A direction was also given to appoint ad hoc committee. This order was passed on 4th of March, 1992. In pursuance of order, Annexure P/X, the Block Development Officer was appointed as Administrator. This has happened on 30th of April, 1992. As the order dated 4th of March, 1992 was passed without hearing certain parties, a review petition was filed. This review petition was allowed by order dated 8th of May, 1992. A direction was given to the Collector, Morena that if ad hoc committee is formed, parties concerned be heard. The relevant portion of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order; and (iii) that, the petition involve disputed questions of facts. 5. It may be seen that the question as to whether the Registrar was competent to appoint ad hoc body as has been done in order annexure P/XVI has not been raised in this petition. This point was put across to the learned counsel for the parties when the petitioner was heard on 4th of July, 1995. The matter was again taken up on the next date. This is purely legal point. It has been permitted to be urged by the learned counsel for the petitioner. The learned counsel for the parties have addressed detailed arguments on this aspect of the matter also. 6. The preliminary objection with regard to the availability of alternate remedy be examined. The petitioner has placed reliance on C. A. Abraham v. Income Tax Officer, Kottayam AIR 1961 SC 609 and Jai Singh v. Union of India, AIR 1977 SC 898. There is no dispute with the proposition that when an alternate remedy is available then normally aggrieved party should be relegated to his ordinary remedy provided under the statute. But there is another well known principle of law enunciated by the Supreme Court. In Hirday Narain v. Income Tax Officer, Bareilly ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (1) shall for the purpose of an enquiry under this section have the following powers, namely :- (a) he shall at all times have free access to the books, accounts, documents, securities, cash and other properties belonging to, or in the custody of, the society and may summon any person in possession, or responsible for the custody of any such books, accounts, documents, securities, cash or other properties to produce the same, if they relate to the head office of the society at any place at the head-quarter thereof and if they relate to any branch of the society, at any place in the town wherein such branch thereof is located or in his own office; (b) he may summon any person who he has reason to believe has knowledge of any of the affairs of the society to appear before him at any place at the head-quarters of the society or any branch thereof or in his own office and may examine such person on oath; and (c)(i)he may notwithstanding any regulation or byelaw specifying the period of notice for a general meeting of the society, require the officers of the society to call a general meeting of the society at such time at the head office of the society or at any place a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The period specified in the order under sub-section (1) may, at the discretion of the State Government, be extended from time to time : Provided that no such order shall remain in force for more than three years in the aggregate. (4) The person or persons so appointed shall, subject to the control of the Registrar and to such instructions as he may from time to time give, have power to exercise all or any of the functions of the governing body or of any officer of the society, and to take all such actions as may be required in the interest of the society. (5) The State Government may fix the remuneration payable to the person or persons so appointed. The amount of such remuneration and other costs, if any, incurred in the management of the society shall be payable from its funds. (6) The person or persons so appointed shall at the expiry of the period of his or their appointment arrange for the constitution of a new governing body in accordance with the regulations of the society. (7) If there is a difference of opinion between the general body of the society and person or persons appointed under sub-section (1) in respect of any matter it shall be referred ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
