SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2011 Supreme(All) 892

[2011(4) ADJ 887 (DB)]
ALLAHABAD HIGH COURT
BEFORE : D.S.R. VARMA AND VIKRAM NATH, JJ.
ALLAHABAD HIGH SCHOOL SOCIETY, ALLAHABAD AND OTHERS .....Petitoners
Versus
STATE OF U.P. AND OTHERS .....Respondents
(Special Appeal No. 281 of 2011, decided on 25th March, 2011)

Advocates:
Counsel :
Ashok Kumar, Manish Goel for the Petitioners; T.P. Singh, Prabhakar Awasthi, Ashwani Kumar Mishra, David Shukla and S.C. Dwivedi for the Respondents.

Headnote:Societies Registration Act, 1860—Sections 12-D, 4-A and 24—Power—Registrar—Cancel registration—Cancelling registration of amendments approved by appellants in meeting and various other resolutions nullifying said resolution—Impugned order of Assistant Registrar allowing objections of respondent-3—And dismissal of writ petition against, by Single Judge affirming impugned order of Assistant Registrar—Hence, special appeal against—In instant case, amendments in Rules of society had not been carried out in validly convened meetings specially for purpose as required under Rule 38 of Rules of Society—Such satisfaction recorded by Assistant Registrar and Single Judge, cannot be interfered with either on law, or on facts—Meetings which considered amendments in rules, had not been validly convened—Assistant Registrar and Single Judge have recorded specific findings that there has been interpolation in records—And a serious fraud has been committed by appellants—In view of findings recorded by Court, that meeting itself had not been validly convened as per Rules of Society, orders passed by Assistant Registrar and Single Judge do not warrant interference—And question of violation of principles of natural justice does not arise as appellant was given sufficient time for opportunity of hearing and its objections and representation, etc. [Paras 9, 10, 27, 32 to 35, 43 to 60]

       

JUDGMENT

Hon’ble Vikram Nath, J.—This intra-court appeal under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952 has been filed assailing the correctness of the judgment and order dated 22.2.2011, passed by the learned Single Judge in Writ Petition No. 46551 of 2010, Allahabad High School Society, Allahabad and others v. State of U.P. and others, whereby the learned Single Judge dismissed the writ petition and affirmed the order of the Assistant Registrar, Firms Societies and Chits dated 24.7.2010 allowing the objections of the respondent No. 3 and cancelling the registration of the amendments approved by appellants in the meeting dated 28.5.2007 and various other resolutions registered on 30.5.2007 and further nullifying the said resolutions. The Assistant Registrar issued direction to the Bishop to convene fresh meeting for consideration of the amendments after constituting the general body in accordance with Rule 11 of the Rules of the Society.

2. The Assistant Registrar and the learned Single Judge have referred to the relevant facts relating to the background of this case in great detail. We are however not referring to all the details giving rise to this appeal but in short we would refer to the facts which are relevant according to us.

3. There is a Society by the name of Allahabad High School Society founded in the year 1861 and registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as the Act) in the year 1888. Its registration had been renewed from time to time under the provisions of the Act, as applicable to the State of U.P. The basic and core object of the society in short is to impart christian education in Allahabad and neighbouring areas.

4. With the aforesaid object the Society established a boys school and a girls school in the city of Allahabad. The constitution provided as to how both the institutions would be managed. With the passage of time both boys and the girls school came to be known as the Boys’ High School, Allahabad and the Girls’ High School, Allahabad. Major amendments in the Rules of the Society were brought about in the year 1952 and they continued as such till the amendments in question cropped up during the period 2004-2007.

5. The Ex. Officio members as provided in Rule 3(i) of the Rules of the Society w.e.f. 1952 included-(a) The Bishop of Lucknow (b) The Commissioner of the 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 Schools, Allahabad. Rule 7 of the Rules of the Society provided that Bishop of Lucknow would be the Chairman of the Society. Further under Rule 18 of the Rules the Bishop who was the Chairman of the Society was also vested with certain overriding powers to declare any resolution of the Governing Body invalid which in his opinion contravened the Constitution, Canons of Rules of the Church of India. By the proposed amendments which are said to have been considered and passed in the meetings of the Society dated 27.11.2004, 28.11.2005, 23.11.2006 and 28.5.2007 the provisions relating to Ex. Officio members was done away with, the Bishop would no longer be the Chairman of the Society and consequently the overriding powers of the Bishop was also deleted. A comparative chart containing the details of the Rules as they existed since 1952 and alterations and amendments made in it in the various meetings referred to above and registered on 30.5.2007 is being extracted below:

6. The appellant No. 2 was appointed as Principal of the Boys’ High School in the year 1988 and by virtue of the said office he became member of the Governing Body and later on he was elected/nominated, as the case may be, as the Secretary of the Society. At the time the meeting for considering the amendments and its subsequent r






























































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top