LexMANTRI SHRI THOLOK GOGOI AND ANOTHER versus STATE OF ASSAM AND OTHERS
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A B ASOM RASHTRABHASHA PRACHAR SAMITI-A SOCIETY REGISTERED UNDER THE SOCIETIES REGISTRATION ACT, 1860 AND HAVING ITS REGISTERED OFFICE AT HEDAYATPUR, GAUHATI-3, REPRESENTED BY ITS MANTRI SHRI THOLOK GOGOI AND ANOTHER v. STATE OF ASSAM AND OTHERS SEPTEMBER 19, 1989 [G.L. OZA, S. NATARAJAN AND KULDIP SINGH, JJ.] C Assam Rashtrabhasha Prachar (taking over Management and Cpntrol) Act, 1984-Section 3-Act held ultra vires-Notification nominating Board to replace Karyapalika and Byabasthapika Sabh,,_ Quashed. For the spread of Hindi in North-Eastern part of India an institu- D tion named Asom Hindi Prachar Samiti was formed on 3.11.38 at Gauhati. In 1948 this Samiti was renamed as Assam Rashtrabhasba Prachar Samiti. The Petitioner No. 1 herein is a registered body which claims to have a membership of about 22000 persons scattered all over the North-Eastern part of India. This Samity has a sole constitution known as Bidhan which is also a duly registered body. The Samiti holds E different examinations in Hindi twice a year, publishes text books in Hindi for Primary Schools, High Schools, Higher Secondary Schools and Colleges upto the degree standard. Certificates issued by the Samity are recognised by the Government of India, the Government of Assam and various other organisations. The Samiti also Imparts training and teaching in Hindi through a number of Vidyalayas and Pramanita F Pracharaks. The assets and properties of the Samiti at the time of filing this Petition are stated to be worth Rs.1,24,42,000.00. According to the Bidhan, the management and administration of the Samiti is run by elected bodies namely Byabasthapika Sabha and Karyapalika, each having S years term from the date of holding of its G first meeting. The Karyapalika consisted of 17 members. The Chief Minister of Assam was the Ex-officio Adhyaksa of the Samiti but at the time of holding of the first meeting, the State of Assam was under President's rule and consequently the office of Adhyaksha remained vacant. Petitioner No. 2 was unanimously elected Mantri. Petitioner No. 2 and other office bearers of the Karyapalika held the first meeting H on 19.8.1982 and the Karyapalika was running and managing the day 160 A.R.P. SAMIT!•. STATE OF ASSAM 161 to day affairs of the Samiti efficiently and diligently. The Samiti in its meeting held on 17. 7 .83 passed a resolution amending the Bidhan deleting the provision that the Chief Minister of Assam shall be the ex-officio Adhyaksha of the Samiti. This resolution was adopted in full compliance of Section 30 of the Bidhan and all members present in the meeting except one supported the resolution. After the passing of this amendment, the Respondent No. 4 as alleged by the petitioners, passed an order dated 7. 7 .84 on political considera- tions purportedly to act as the Ex-officio Adhyaksha of the Samiti declared a state of emergency in the Samiti in exercise of the powers conferred under S. 16(Gha) of the Bidhan, dissolved the existing Karyapalika and constituted an ad hoc body with himself as Chairman and five others as members to manage the affairs of the Samiti and asked the Petitioners to hand over the charge of the Samiti to this Ad hoc committee. Thereupon, the petitioners filed a suit for a declaration that the order dated 1.7.84 passed by Respondent No. 4 was void, illegal, without jurisdiction and unenforceable against the petitioner society. The Petitioners also prayed for a permanent injunction rest- raining the respondents from giving effect to the order and also moved an application for issuance of a temporary injunction upon which a show cause notice was issued to the defendants who filed their objec- tions. While the matter w11s pending consideration of the question of issuing of a temporary injunction the Governor of Assam purporting to act under clause I of Article 230 of the Constitntion of India Jlromnl- gated an ordinance called the Asom Rashtrabhasha Prachar Samiti (taking over of management and control) Ordinance, 1984. In dne course the Ordinance was replaced by an Act passed by the Assam Legislative Assembly. Unde the Ordinance and the Act virtually the Samity which was a public body was substituted by a Board appointed by the Government and all the functions, properties and affairs of the Samiti were taken over by the Board. It is this action taken under the Ordinance and ultimately the Act which is the subject matter of c
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