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Praveen Kumar Khariwal v/s State of M.P. & Others


Company & Directors' Information:- PRAVEEN INDIA LTD . [Active] CIN = L21029WB1983PLC036326

Company & Directors' Information:- PRAVEEN & COMPANY PRIVATE LIMITED [Strike Off] CIN = U99999DL1999PTC098397

    W.P. No. 4885 of 2020

    Decided On, 29 February 2020

    At, High Court of Madhya Pradesh Bench at Indore

    By, THE HONOURABLE MR. JUSTICE VIVEK RUSIA

    For the Petitioner: Ashutosh Nimgaonkar, Learned Counsel. For the Respondents: R1 & R2, Pavan Sharma, Learned Govt. Advocate, R3, Anshuman Shrivastava, Learned Counsel.



Judgment Text


1. Petitioner has filed the present petition seeking following relief:-

"(1) That, the petition filed by the petitioner may be allowed and by way of an appropriate writ, direction or order the respondent may be directed to include the name of the petitioner in the final voter list published by the respondent and the petitioner may be permitted to contest the elections.

(2) That, by way of an appropriate writ, direction or order the respondent may be directed to prepare a fresh voter list including the name of all eligible voters before conducting the elections.

(3) That, any other appropriate relief that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case may also be granted to the petitioner against the respondents. (4) That, the petitioner may be awarded cost of the petition."

2. According to the petitioner, respondent No.3 is a Society registered under the provisions of M.P. Societies Registration Act, 1973 and he is a valid member of the society. The Managing Committee of the respondent No.3 was elected for the period of three years in the year 2017 in which the petitioner was elected as Vice President. Due to political rivalry amongst the office bearers and the members of the Club, a show cause notice was issued to him levelling various false allegations and thereafter vide order dated 29.06.2017 he was expelled from the membership as well as from the post of Vice President. The petitioner challenged the aforesaid order by way of appeal before the Registrar Firms and Societies. Vide order dated 21.02.2018, the Registrar has quashed the order of expulsion and directed for reinstatement with further direction to conduct an enquiry by following principles of natural justice.

3. After the aforesaid order again vide order dated 28.04.2018 the petitioner has been terminated from the membership as well as from the post of Vice President. Petitioner preferred an appeal before the Registrar and vide order dated 17.01.2020 the appeal has been allowed with a direction to the respondent No.3 to consider about the membership of the petitioner in accordance with the provisions of Adhiniyam, 1973.

4. Vide notice dated 06.01.2020, the General Secretary of respondent No.3 called the General Body Meeting on 20.01.2020 for deciding the date of election of office bearer. the said meeting the Chief Election Officer was appointed to conduct the fresh election. Chief Election Officer published election programme in which the date of publication of provisional voter list is 5th February, 2020 and 8th February, 2020 has been fixed for publication of final voter list.

5. The petitioner did not find place his name in the provisional voter list, therefore, he submitted an objection before the Chief Election Officer on 06.02.2020 and when objection was not decided and final voter list was published, he approached this Court by way of present Writ Petition on 22.02.2020. Vide order dated 25.02.2020 this Court has issued notice to the respondent. On 28.02.2020, this Court has permitted the petitioner to submit the nomination form and directed to list today for confirmation of interim relief.

6. Shri Anshuman Shrivastava, learned counsel appearing on behalf of the respondent No.3 submits that after the order passed by the Registrar on 17.01.2020 the membership of the petitioner has not been restored, therefore, his name was rightly not been included in the voter list. The petitioner has been convicted by the competent Court and he has committed various irregularities, therefore, as per by-laws, his membership was rightly terminated. As per the direction of Registrar the new Body will take action in accordance with law against him and till then he cannot be permitted to participate in the election. Hence, the interim order be not continued and the petition be dismissed.

7. Shri Nimgaonkar submits that the Registrar vide order dated 17.01.2020 has allowed the appeal meaning thereby the order dated 28.04.2018 is set aside and the petitioner becomes member of the Press Club. Hence, he is entitled to participate in the election process. By way of conspiracy again and again he is being expelled from the membership and in order to debar in the election his name was not included in the voter list.

8. Operative part of the order passed by the Registrar is reproduced below :-

“LANGUAGE”

9. By the aforesaid order the Registrar has neither quash the resolution dated 22.04.2018 nor the order dated 28.04.2018 and simply remanded the case to the Executive Committee of the respondent No.3 to take final decision in regard to his membership keeping in view the provisions of Adhiniyam, 1973 and principles of natural justice. The appeal has been allowed on technical ground not on merit. The petitioner took a ground before the Registrar that he was not provided the necessary documents, hence, there was a violation of principles of natural justice, therefore, the appellate authority has remanded the case to the stage of providing necessary documents to him before taking any decision but did not quash the order of removal as has been done while passing the order dated 21.02.2018.

10. On 17.01.2020, the order was passed and immediately thereafter the General Body Meeting was c

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alled on 20.01.2020 and new election has been announced, therefore, there was no Executive Committee to take decision in respect of membership of the petitioner and now the election programme has been finalized and the tentative voter list was published on 05.02.2020 and as on that date the petitioner is not a member of the respondent No.3, therefore, his name cannot be included in the voter list. Now, the election process has started and the voter list cannot be amended, hence, relief claimed in this petition cannot be granted to the petitioner. Hence, the petition is accordingly dismissed.
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