Alternate remedy and natural justice limits in society administration: Registrar lacked power to appoint an ad hoc committee.

An alternate statutory remedy does not automatically bar writ jurisdiction; where the writ court has already entertained the matter and the alternative remedy has become time-barred, the petitioner need not be sent to that forum. The Registrar's power to enquire under Section 32 of the M.P. Societies Registrikaran Adhiniyam Act, 1973 did not include authority to appoint an ad hoc committee, while supersession of an elected governing body was reserved to the State Government under Section 33. An order affecting elected members also required a reasonable opportunity of hearing, so the impugned order was quashed and the elected body was allowed to continue for its tenure.

---

---

Issues: (i) Whether the writ petition was not maintainable because an alternate statutory remedy of appeal was available. (ii) Whether the Registrar had authority to appoint an ad hoc committee and whether the impugned order could stand when passed without hearing the elected members.

Issue (i): Whether the writ petition was not maintainable because an alternate statutory remedy of appeal was available.

Analysis: The availability of an alternate remedy ordinarily weighs against exercise of writ jurisdiction, but that rule is not absolute. Where the writ court has already entertained the petition and the statutory remedy has meanwhile become time-barred, the party should not be driven to the alternate forum after hearing on merits.

Conclusion: The preliminary objection based on alternate remedy was rejected.

Issue (ii): Whether the Registrar had authority to appoint an ad hoc committee and whether the impugned order could stand when passed without hearing the elected members.

Analysis: Section 32 of the M.P. Societies Registrikaran Adhiniyam Act, 1973 empowered the Registrar to hold enquiry, but did not confer power to appoint an ad hoc committee. Supersession of an elected governing body was contemplated only under Section 33 and that power vested in the State Government. Once the election had been notified, there was no requirement of further approval. In addition, the elected members were not heard before the impugned order was passed, though fairness required an opportunity of hearing.

Conclusion: The Registrar lacked jurisdiction to appoint the ad hoc committee, and the impugned order was liable to be quashed for breach of natural justice.

Final Conclusion: The writ petition succeeded, the impugned order was set aside, and the elected body was entitled to continue for its normal tenure.

Ratio Decidendi: A statutory authority cannot assume a power to appoint or supersede a committee unless such power is expressly conferred by the statute, and an order affecting an elected body must be passed after affording a reasonable opportunity of hearing where natural justice applies.

---