1989 (9) TMI 393 - SC - Indian Laws

Summary

Issues Involved:
1. Constitutionality of the Asom Rashtrabhasha Prachar Samiti (Taking Over of Management and Control) Act, 1984.
2. Alleged infringement of fundamental rights under Article 19(1)(c) of the Constitution of India.
3. Validity of the notifications issued by the State Government of Assam.
4. Allegations of mala fide actions by the Chief Minister of Assam.

Issue-Wise Detailed Analysis:

1. Constitutionality of the Asom Rashtrabhasha Prachar Samiti (Taking Over of Management and Control) Act, 1984:
The petition challenged the constitutionality of the Asom Rashtrabhasha Prachar Samiti (Taking Over of Management and Control) Act, 1984, enacted by the Assam Legislative Assembly. The Act was alleged to infringe upon the fundamental rights of the members of the Samiti by taking over the management and control of the Samiti, which was a registered society under the Societies Registration Act, 1860. The Court observed that the Act was initially promulgated as an Ordinance and later replaced by the Act, which effectively replaced the elected bodies of the Samiti with a Board appointed by the Government. The Court found that the Act did not provide for the restoration of the elected bodies, making the temporary measure appear permanent. The Court declared the Act ultra vires of the Constitution, stating that it violated the right to form associations under Article 19(1)(c).

2. Alleged Infringement of Fundamental Rights under Article 19(1)(c) of the Constitution of India:
The petitioners contended that the Act infringed their fundamental rights under Article 19(1)(c), which guarantees the right to form associations or unions. The Court referred to the Constitution Bench judgment in Damyanti Naranga v. Union of India, which held that any law introducing members into a voluntary association without the option of the members to keep them out or taking away the membership of those who voluntarily joined it would violate the right to form an association. The Court found that the Act and the notification issued under it deprived the members of the Samiti of their right to manage the affairs of the Samiti, thus violating Article 19(1)(c).

3. Validity of the Notifications Issued by the State Government of Assam:
The petition also challenged the validity of the notifications issued by the State Government, including the notification constituting the Rashtrabhasha Prachar Board. The Court observed that the notifications were issued under the Act, which was declared unconstitutional. Consequently, the notifications were also quashed as ultra vires.

4. Allegations of Mala Fide Actions by the Chief Minister of Assam:
The petitioners alleged that the Chief Minister of Assam acted with mala fide intentions by invoking emergency provisions and later enacting the Ordinance and the Act to retain control over the Samiti after being dropped as the ex officio Adhyaksha due to an amendment in the Samiti's constitution. Although the allegations of mala fides were not admitted, the Court found no justification for the permanent takeover of the Samiti's management. The Court noted that the State Government's actions appeared to be motivated by the desire to control the Samiti rather than addressing any genuine mismanagement issues.

Conclusion:
The Court allowed the writ petition, set aside the notifications issued under the Act, and declared the Asom Rashtrabhasha Prachar Samiti (Taking Over of Management and Control) Act, 1984, as ultra vires of the Constitution. The Court directed the restoration of the Karyapalika and Byabasthapika Sabha, which were functioning in 1984, and mandated that they hold proper elections within six months. The Court also ordered the State Government and the Board to restore all assets and properties of the Samiti to the Karyapalika. The petitioners were awarded costs quantified at Rs. 10,000.