1990 (8) TMI 410

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....n of the Managing Committee and other elected officers of the appellant and asked for rendition of accounts. This suit of 1981 is still pending. We are now concerned with the correctness of the finding on the preliminary issue as to whether such a suit is. maintainable in the Civil Court. The defendants' objection to the maintainability is grounded upon the provisions contained in Sections 23 and 25 of the Registration Act. The Courts below have taken the view that the suit is not barred. That is why the defendants are here by special leave. 2. A litigant having a grievance of a civil nature has, independently of any statute, a right to institute a suit in the civil court unless its cognizance is either expressly or impliedly barred. T....

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....red Accountant: Provided that the Registrar may, at the request of society permit it to have such accounts and statement audited by any other person by him. (2) If the society fails to furnish the documents referred to in Sub-section (1) Within the period specified in the order or with such extended period as the Registrar may from time to time allow, the Registrar may cause the accounts of such society audited for the said year and may recover the cost of such audit from that society. (3) If the society neglects or refuses to make its account or other documents available for audit under Sub-section (2) or, in the opinion of the Registrar, otherwise fails to provide requisite facilities to have the audit made with due expedition, the ....

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....andidate at the election; (ii) with a view to inducing any elector to give or to refrain from giving a vote in favour of any candidate, or to inducing any person to stand or not to stand as, or to withdraw or not to withdraw from being, a candidate at the election, offers or give any money, or valuable consideration, or any place of employment, or holds out any promise of individual advantage or profit to any person; (iii) abets (within the meaning of the Indian Penal Code) the doing of any of the acts specified in Clause (i) and (ii); (iv) induces or attempts to induce a candidate or elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual cens....

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....ny person claiming to be an office-bearer of the society. Explanation-For the purposes of this section, the expression 'prescribed authority' means an officer or court authorised in this behalf by the State Government by notification published in the Official Gazette. We are of the view that provisions of Section 23 are confined to audit and have nothing to do with the relief of rendition of accounts. No more is necessary to be said about that relief. Section 25 deals with disputes regarding challenge to the eviction of office-bearers. The maintainability of dispute within the purview of that Section is hedged with conditions and unless such requirement is fulfilled, a statutory dispute would not be maintainable. The present actio....