The Madhya Pradesh High Court has dismissed a petition filed by Swami Pranvanand Tourist Guide Association Khajuraho and another for not filing a resolution passed by members of association.
The court ordered however, liberty is granted to file a fresh petition either in the personal capacity or
resolution by the members of association.
Swami Pranvanand Tourist Guide Association Khajuraho and another filed the petition under Article 226 of Constitution of India has been filed seeking following reliefs to permit only license holder to work at ASI.
The Association also direction to take action against the respondent no.3 ( The superintendent Archeological Survey of India) and respondent no. 4 (senior conservative officer Archeological Survey of India) for permitting the unauthorized person to work at ASI sites in Khajuraho, Madhya Pradesh.
The present petition has been filed by Association but is not resolution. The Division Bench of this Court in the case of Prabhat vs. Barkatulla University, Bhopal and another, ILR (2011) M.P. 1692 has held as under: A writ petition for enforcement of the rights of its members, as distinguished from the rights
of the Association as a body, can be filed by the Association acting through its office bearer or
member, whether the Association is registered or unregistered, incorporated or not, only when the
Association can satisfy the Court that if an adverse decision is given in that petition all the
members of that Association or “Body of Individuals” will be bound by the decision. The
reason is, that otherwise, immediately after adverse decision any other member of that
Association may come before the Court in an independent writ petition, saying that he has not
been heard and he had not authorized such Association or office-bearer or member to
represent him in the litigation. Therefore firstly the members of the Association must be clearly determinate and identifiable; and secondly either there should be Rules of such Association, or a legally binding special resolution of its general body for such representation in the litigation, so as to bind the
members by the decision in such litigation.”
