COMMITTEE OF MANAGEMENT, SHYAM SUNDER GANGA BRIDGE MISSION, PRAYAG, ALLAHABAD AND ANOTHER Vs. STATE OF U. P. AND OTHERS

JUDGEMENT

(1.) HEARD Sri R. K. Ojha, the learned counsel for the petitioner and the learned standing counsel for the Assistant Registrar, Allahabad and Sri Dharam Pal Singh, the learned senior counsel assisted by Sri Raj Kumar Singh, for the private respondent.

(2.) THE petitioner has challenged the order dated 11.1.2000 passed by the Assistant Registrar whereby the authority has rejected the objection of the petitioner and has directed to proceed with the matter under Sections 3 and 4 of the Societies Registration Act with regard to the application of respondent No. 3 for the renewal of its Society. The petitioner has also challenged the order dated 22.12.2000 passed by the State Government under Section 3B of the Act. The facts alleged by the petitioner in the writ petition is, that a Society by the name of Thakurdwara Sarniti', hereinafter referred to as the 'old Samiti' was registered under the Societies Registration Act on 31.5.1963. According to the petitioner, a series of resolution was passed between the year 1963 to 1970 terminating the membership of ineffective members and also resolving to induct new members. The petitioners alleged that by a resolution of 3.3.1965 the membership of ineffective members was terminated and five new members were included. By another resolution of 6.9.1966, membership of five old members was terminated and five new members were inducted. Similarly, by a resolution dated 15.12.1966, 6.6.1969 and 1.7.1970 membership of old members was terminated and new members were inducted. By a resolution of 3.12.1970, it is alleged that six members were removed from the membership of the Society and that an unanimous resolution was passed to change the name of the Society as "Shyam Sunder Ganga Bridge Mission, Prayag, Allahabad", hereinafter referred to as the 'new Society'. Based on the aforesaid resolution, it is alleged, that the bye-laws of the Society was modified/changed and the memorandum of Association was amended and the name of the Society was changed and a resolution to this effect was passed on 8.1.1971. Pursuant to the aforesaid resolution, it is alleged, that the petitioners forwarded the papers to the Registrar of the Societies and a new Society by the name of Shyam Sunder Ganga Bridge Mission, Prayag was registered on 5.4.1972 under the Societies Registration Act. The petitioner submitted that since then, the new Society was functioning and the old Society became defunct/did not exist.

(3.) PURSUANT to an order of this Court, the Assistant Registrar was directed to produce the original records of the two Societies and, upon a perusal of the record, the Court finds that the petitioner applied for renewal of its registration under Section 3A of the Act on 10.10.1995, i.e., after 23 years from the date of its registration, which was renewed on 20.5.1996. On 28th August, 1999, i.e., after 36 years, the respondent applied for renewal of the registration of the old Society. On this application, the Assistant Registrar issued a notice to the petitioner inviting objections and, after considering the matter, the Assistant Registrar, by the impugned order dated 11.1.2000, rejected the objection of the petitioner and, thereafter by an order dated 22.11.2000, renewed the registration of the old Society. The petitioner filed a reference under Section 3B of the Act against the rejection of its objection which reference was rejected by the State Government by an order dated 22.12.2000 and consequently, the present writ petition has been filed.