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2010 Supreme(All) 1799
[2010(5) ADJ 734 (DB)]
ALLAHABAD HIGH COURT
BEFORE : V.M. SAHAI AND MRS. JAYASHREE TIWARI, JJ.
ALLAHABAD HIGH SCHOOL SOCIETY ALLAHABAD AND ANOTHER ...Appellants
Versus
STATE OF U.P. AND OTHERS ...Respondents
(Special Appeal No. 615 of 2010, decided on 20th May, 2010)
Counsel :
Ashok Khare, Siddharth Khare, H.R. Misra and K.V. Singh, for the Appellants; Prabhakar Awasthi for the Respondent No. 1; Shailendra for the Respondent No. 5; S.C. for the Respondent Nos. 1 to 3.
Headnote:(A) Minority Institution—Power—Assistant Registrar—Amendments in the Rules and Bye laws of the society, registered under Society Registration Act—Amendment made by Committee fraudulently without any notice to members and ex-officio members—Appellants Society was unregistered when the amendments were passed—Assistant Registrar may decide the complaints expeditiously by applying his own independent mind to the complaints pending before him. [Paras 76, 78, 101 and 102]
(B) Societies Registration Act—Section 12(D)—Registration—Cancellation of—Power of Registrar—Provision of Section 12-D gives power to the Registrar to cancel the registration of the Society and pass a written order cancelling the registration of any society. [Para 84]
(C) Minority Society—Complaints—Charge of basic structure of the society—Jurisdiction of Assistant Registrar—Once the Assistant Registrar receives a complaint about charge in basic structure of the society, the Assistant Registrar under legal duty to act promptly and call for an explanation. [Para 64]
Result; Appeal Dismissed.
Hon’ble V.M Sahai, J.—This intra Court special appeal has been filed challenging the judgement of the learned single judge dated 16.4.2010 passed in Civil Misc. Writ Petition No. 9598 of 2010.
2. We have heard Shri Ashok Khare learned senior counsel assisted by Shri Siddharth Khare and Shri H.R. Misra learned senior counsel assisted by Shri K.V. Singh for the appellants, Shri T.P. Singh learned senior counsel assisted by Shri Prabhakar Awasthi for respondent No. 4, Shri Shailendra learned counsel appearing for the respondent No. 5 and standing counsel appearing for the respondent Nos. 1 to 3. We have not issued notice to respondent No. 6 as he is already a party to this appeal in his official capacity as respondent No. 3 and the allegation of mala fide against him has not been argued by the counsel for the appellants. The parties have exchanged affidavits. Counsels for the parties have agreed that this appeal be decided finally at the admission stage. With the consent of the learned counsels for the parties we have taken up this appeal for final disposal. We have heard counsels for the parties at length.
3. Before adverting to rival submissions made by learned counsel for the parties it is necessary to narrate, in brief, the factual background of the case in which the Assistant Registrar, Firms, Chits and Societies, Allahabad (in brief the Assistant Registrar) has issued notices to the appellants. We have divided the facts under seven sub-heads : (1) history of the Society, (2) un-amended Rules 1952, (3) amendments made on 28.5.2007 in Rules, Constitution, and Bye-laws and its comparative chart with 1952 Rules, Constitution, and Bye-laws, (4) properties of the Society, (5) facts from records of the proceedings of the Governing Body, Agenda and Annual General Meeting of the Society produced by the appellants, (6) facts from the old records produced by the appellants, (7) complaints made by the respondents before the Assistant Registrar.
Facts of the Case
4. (1) History of the Society.—The institutions named as Boys’ High School (in brief BHS) and Girls’ High School (in brief GHS) were established in the year 1861 to provide education on a Christian basis in accordance with the practices of the Church of India. The Allahabad High Schools’ Society, Allahabad (in brief the Society) was registered on 21.2.1888 under the Societies Registration Act, 1860 (in brief the Act) to manage the two institutions in accordance with the Articles of Association, Rules and Regulations, Bye-Laws. The Constitution laid down the objects of the Society.
5. The Memorandum (1952) of the Society described the name and objects of the Society. The Constitution of the Society gave the objects of the Society in detail. The Rules were framed for carrying out the objects of the Society mentioned in the Memorandum and the Constitution and for efficient functioning of the Society. It was registered under the Act in 1952. Bye-laws of the Society were passed on 24.11.1953 for delegating some of the powers of governing body to the two management committees, one for BHS and one for GHS.
6. (2) Un-amended Rules 1952 —The Rules of the Society provided for four types of membership, ex-officio members, life members, ordinary members and honorary members. Rule 3 which enlists the various category of persons eligible to become members under the above mentioned heads is extracted below :
“(i) Ex-officio Members : The following shall be Ex-officio members, namely,
(a) The Bishop of Lucknow
(b) The Commissioner of Allahabad-Jhansi Division.
(c) The Collector of Allahabad
(d) The Priest in charge of All Saints’ Cathedral, Allahabad.
(e) The Secretary of the Education Board of the Lucknow Diocesan Council
(f) The Headmaster of the Boys’ High School, Allahabad
(g) The Headmistress of the Girls’ High School, Allahabad
(ii) Life Members : A person who has subscribed a sum of not less than one thousand rupees to the Society shall, subject to the approval of the Governing
