ORDER
This petition has been preferred claiming the following reliefs:
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02. The Memorandum of Association (Annex.-P/1) filed by the petitioner shows that 'Islamia Karimia Society, Sanyogitaganj, Indore' was registered under the provisions of the Madhya Pradesh Non - Trading Corporation Act, 1962. The said Act has since been repealed by Madhya Pradesh Act No.12 of 1998 wherein it has been stated that any Corporation registered under the repealed Act shall be deemed to have been registered under the Madhya Pradesh Society Registrikaran Adhiniyam, 1973. Thus, Islamia Karimia Society would be deemed to be a Scoiety registered under the Adhiniyam, 1973.
03. Under the Adhiniyam, 1973, it is the Registrar who has been vested with the powers of inquiring into the affairs of the Society registered under it and redressing the grievances of the members either inter se or with the Society. However, the same can be done only upon him having been approached by any of the member of the Society.
04. The petitioner in the present case is admittedly not a member of the Society, however, the applicant of I.A.No.8474/2024 namely Mohd. Rauf S/o Mohd. Ayyub is a member of the said Society.
05. The grievances which have been raised in this petition are all factual
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in nature and cannot be inquired into in a writ petition since they would require fact finding on the basis of the documents and hearing the interested parties. In any case when the Registrar has been empowered to take care of the grievances of the members of the Society, it would not be appropriate for a member to directly approach this Court and he should instead approach the Registrar at the first instance.
06. It is hence, directed that if Mohd. Rauf S/o Mohd. Ayyub or any other member approaches the Registrar under the Adhiniyam, 1973 with an application in respect of all the grievances as raised in this petition, then the Registrar shall entertain the application and afford opportunity of hearing to all the interested parties and as per the findings recorded by him shall take appropriate action in the matter as may be required. The entire exercise be completed within a period of four months from the date of filing of the application.
07. With the aforesaid, without expressing any opinion on the merits, petition stands disposed off.
Certified copy as per rules.
(PRANAY VERMA)
JUDGE
Tej
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