Hon’ble V.K. Shukla, J.—The Allahabad High School Society, Allahabad through its Secretary C.V. Innes, has approached this Court, questioning the validity of the decision dated 24.7.2010 taken by Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad, proceeding to annul the resolution dated 28.5.2007.

2. Brief background of the case, as is reflected from the record, is that there is a society registered under the Societies Registration Act, 1860, in the name and style of “Allahabad High School Society, Allahabad”. The society in question was registered on 9.2.1988 with Registration No. 1-12/1888 with Registrar of Joint Stock Companies. In the year 1952 certain amendments were affected. Thereafter, in the year 1975, Societies Registration Act, 1860 was amended qua its applicability to the State of U.P. by making provision for periodical renewal of registration certificate of the society. Such renewals were originally visualized for a period of two years, but in the year 1984 further amendment was made providing such renewal for a period of five years. Petitioners have claimed that an application was moved for renewal of registration of the society in question on 6.5.1977, but no orders were passed on the said renewal application. Thereafter, as on 24.5.1997 further application was filed, on the basis of which renewal of society was granted for the periods 1977-79, 1979-81, 1981-83, 1983-85, 1985-90, 1990-95, 1995-2000. On 17.8.2003 renewal had been accorded for a period of five years with effect from 10.10.2000.

3. The petitioners have come up with the case that on 9.11.2004 agenda notice was issued for convening annual general meeting on 27.11.2004, and in the said meeting, decision was taken to appoint two member sub-committee to consider the amendments to the bye-laws for streamlining the administration of the society. Petitioners have stated that on 10.9.2005 two member sub-committee submitted its report for consideration to the Chairman, and after considering such report, by agenda notice dated 8.11.2005 annual general meeting was convened for 28.11.2005. Petitioners have further stated that as per the aforesaid agenda notice, report of two member sub-committee was considered in the annual general meeting dated 28.11.2005, and the Governing Body constituted a six member Amendment Committee to finalise the amendments to the bye-laws. Petitioners have stated that the Amendment Committee conducted the proceedings between 26.12.2005 and 25.11.2006 and finally suggested amendments to the bye-laws. Thereafter, petitioners claim that agenda notice dated 16.11.2006 was sent and meeting was convened on 23.11.2006, and therein a resolution was passed for convening special meeting of the general body. In between on 9.5.2007, application was moved seeking further renewal, for the period of five years starting with effect from 10.10.2005 and said application for renewal remained pending. Such special meeting of the general body was convened for 28.5.2007 by agenda notice dated 9.5.2007 and said agenda notice was served upon the members either through peon or through post. Thereafter special meeting was convened on 28.5.2007, in which suggested amendments to the bye-laws were accepted. Petitioners have claimed that thereafter aforesaid amendments were given to the Assistant Registrar, Firms, Societies and Chits, Allahabad on 29.5.2007 and the said communication accompanied amendments to the bye-laws. Petitioners have stated that on 30.5.2007 an affidavit of the deponent was also filed before the Assistant Registrar, Firms, Societies and Chits. Petitioners have stated that amendment as intimated was duly made part of the file and the Assistant Registrar issued certified copy of the amended bye-laws on being asked for. Pending application for renewal dated 9.5.2007 was allowed on 29.9.2007.

4. Petitioners have stated that in September, 2009 one Morris E. Dan stood elected as Bishop of Lucknow Diocese and sh