1. In this application the petitioner prays for quashing of the certificate of registration issued to the society known as Anjuman Ahle Hadith, Madhupur (the Anjuman) under S.3 of the Societies Registration Act, 1860 (hereinafter referred to as the Act). The signatories to the memorandum of association a copy whereof is Annexure-4, have been made parties. Certain other reliefs also are claimed. But those reliefs which relate to private dispute between the parties, can neither be adjudicated upon nor any relief given in relation thereto. We are, therefore, confining our judgement to the contention whether the registration of the society aforesaid was in accordance with law.

2. The Society was registered in the year 1967. There is no doubt that there is a belated challenge to the registration. But the circumstance in which the challenge has been made has been explained in para 15 of the writ application. In view of the explanation given therein and in the view that we are taking that the registration of the society was without jurisdiction we think that it would be proper to entertain the writ application and not defeat the petitioner only on the ground of delay.

3. It is now necessary to refer first to some of the provisions of the Act. The long title is : "An Act for the Registration of Literary, Scientific and Charitable Societies". The preamble states that provision should be made for improving the legal condition of societies established for the promotion of literature, science, or the fine arts, or for the diffusion of useful knowledge, the diffusion of political education, or for charitable purposes. Sec.1 of the Act states that :

"Any seven or more persons associated for any literary, scientific, or charitable purpose, or for any purpose as is described in S.20 of this Act, may, by subscribing their names to a memorandum of association, and filing the same with the Registrar of Joint Stock Companies form themselves into a society under this Act."

Sec.2 of the Act deals with the memorandum of association that has to be filed for the purpose of registration. The memorandum has to contain the objects of the society. S.20 is as follows :-

"The following societies may be registered under this Act : "Charitable Societies, the military orphan funds or societies established at the several presidencies of India, Societies established for the promotion of science, literature, or the fine arts, for instruction, the diffusion of useful knowledge, the diffusion of political education, the foundation or maintenance of libraries or reading-rooms for general use among the members or open to the public, or public museums and galleries of paintings and other works of art, collections of natural history, mechanical and philosophical inventions, instruments, or designs."

It would be thus seen in the context of the present controversy that unless the society which has been registered could be said to be a society for charitable purpose or a charitable society the registration could not have been made under the provisions of the Act.

4. S.20 has been subject-matter of interpretation in Khaji Muhammad Hussain Sahib V/s. Majiday Mahmood Jamait Managing Committee, AIR 1940 Mad 167 on which reliance was placed on behalf of the contesting respondent. The ratio of this decision, is that if a society is formed for certain purposes the paramount object being charitable, then the mere fact that some religious objects are also included amongst the enumerated objects would not mean that the society is not for charitable purposes. The wider question whether religious purpose is a charitable purpose and whether a society formed for such a purpose would be a charitable society within the meaning of the Act was not decided in that case.

5. At this stage it would be necessary to examine the memorandum of association in order to determine whether the paramount object of the society is charitable, for, if it is, then the decision in Md. Hussains case w