By the Court.—In this appeal, the appellant has raised an issue that the impugned order dated 24.5.2010, whereby the learned Single Judge has directed the papers to be forwarded to the State Government for consideration of the issue under Section 3-B of the Societies Registration Act, 1860, suffers from an error of law and consequently, it ought to be set aside.

2. A few facts may be necessary to consider the controversy, which arises in this matter. There is a Society known as Christ Church College Society, Kanpur registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as ‘the Act’). It was registered on 30th of May, 1956. It has its own memorandum, rules and regulations. It runs Christ Church College, Kanpur.

3. There is also a Trust known as The Church of North India, which was inaugurated on 29th November, 1970 and within the said Church, there is Diocese of Lucknow and the first Bishop was Rt. Reverend Deen Dayal, who was installed on 13th December, 1970. The Lucknow Diocesan Trust Association (hereinafter referred to as the ‘’LDTA’) is a charitable and a religious Trust incorporated in the year 1924 and registered under the Indian Companies Act, 1913. All the properties of the Church particularly the Church of India, Pakistan, Burma and Ceylon were owned or managed and controlled by the LDTA. After the unification of Churches, all the properties within the Diocese of Lucknow were under the jurisdiction of the LDTA. The Registrar of the Societies after the year 1970 accepted the resolution passed by the Society with Rt. Rev. Deen Dayal, Bishop of Lucknow, Church of North India, as its Chairman. List of elected members was submitted to the Registrar of Societies who accepted the same and has renewed the certificate of registration of the Society from time to time.

4. It is set out that the Diocesan Council of the Lucknow Diocese made a recommendation dated 21.8.1973 to the Executive Committee of the Synod of the Church of North India for its division, i.e. Diocese of Lucknow and Diocese of Agra covering its defined territory. The Western part as defined, came under the Dioceses of Agra and the Eastern part came under the Diocese of Lucknow. On 9th April, 1976, the first meeting of the Diocesan Council of the Diocese of Agra was held and from the date, as per the constitution of the Church of North India, both the Diocese of Lucknow and LDTA effectively divested all their rights, duties, functions, liabilities, assets etc. and vested beneficial ownership to the Diocese of Agra for all times to come through Bishop of Agra in the territories of Agra till a charitable Company was incorporated in October, 1988 with the approval of Executive Committee of the Church of North India, Synod. Accordingly, the Agra Diocesan Trust Association (hereinafter referred to as the ‘’ADTA’) has been incorporated as Charitable Company in October, 1988. The Bishop of the Diocese of Agra is the Chairman of the ADTA. Kanpur was included in the Diocese of Agra. It is stated that in view of this, the jurisdiction of the Christ Church College Society, Kanpur shifted from the Diocese of Lucknow to Diocese of Agra. The first Bishop of Diocese of Agra was Rt. Rev. A.V. Jonathan.

5. It is stated that the creation of Diocese of Agra, incorporation of ADTA, and appointment of Bishop of Agra, it became necessary to incorporate changes in the Memorandum and Rules & Regulations of Christ Church College Society, Kanpur. Accordingly, in the year 1986, a resolution was passed for amendment in Rules & Regulations of the Society and the resolution and the amended Memorandum and Rules & Regulations of the Christ Church College Society, Kanpur were submitted to the Registrar of Societies for intimation. The registration of the Society was renewed from time to time and it was last renewed on 18th February, 2006 w.e.f. 10th October, 2005 for a period of five years.

6. It is, therefore, stated that in view of the aforementio