SHRIDHAR MISRA Vs. JAICHANDRA VIDYALANKAR

JUDGEMENT

(1.) These three connected suits relate to the affairs of Hindi Sahitya Sammelan, Allahabad. The principal question raised in these suits is whether a certain constitution framed on behalf of this institution is valid.

(2.) There is not much dispute about facts. The admitted facts are these. Hindi Sahitya Sammelan (hereinafter referred to as the Sammelan) was established some years ago to popularise Hindi language and to develop Hindi literature. The Sammelan has been doing valuable work in the cause of Hindi language and literature during the last few years. The Sammelan has been registered under the Societies Registration Act (No. XXI of 1860). Certain rules were prepared in the year 1946 for the management of the Sammelan. Those rules were in force for two or three years. The Constitution of India recognized Hindi as the official language of the country. It was felt by a large section of the Sammelan that, it was necessary to introduce fundamental changes in the object, programme and constitution of the Sammelan. The matter was taken up in the Hyderabad session held in December, 1949. A resolution was passed appointing a committee of 21 persons for drafting a new constitution for the Sammelan so as to make it fully representative of all Hindi regions of the country. It was laid down in the resolution that, the new constitution should be placed for approval before a special session of the delegates of the Sammelan. The committee drafted a constitution. That draft was placed for approval before the special session of the Sammelan convened at Patna in June, 1950. However, that draft could not be passed by the Sammelan in the Patna special session. Resolution No. 1 was passed in the Patna special session appointing another committee of 11 persons for drafting a new constitution. A constitution was accordingly drafted. It was to be taken up for consideration by the Sammelan in the session held at Kotah in December, 1950. But it was said that that draft became un-traceable. So resolution No. 11 was passed at the Kotah session on the subject of preparation of a new constitution. The committee of 11 persons appointed at the Patna special session was again directed to prepare a new constitution. It was Further laid down in the resolution that, the draft constitution would be deemed to have been adopted by the Sammelan as soon as the constitution received the assent of eight members of the committee. Sri Jaichand Vidyalankar was the President of the Sammelan in the year 1951, and Sri Rai Ram Charan Agarwala was the General Secretary.

(3.) Some members of the constitution committee met at Allahabad in July, 1951 for framing a new constitution. The new draft was signed by some of the members of the committee. It was announced that another meeting of the committee would be held on 28-8-1951 at the house of Sri Kanhaiya Lal Misra at Allahabad for final approval of the draft constitution. In the meanwhile eight members of the committee put their signatures on the draft constitution. It was felt in certain quarters that, the new constitution came into force on 11-8-1951, when eight members put their signatures on the draft. It will be convenient to refer to the set of rules framed in 1946 as the "old constitution", and to the rules or constitution prepared in August 1951 as the "new constitution".