The absence of restrictions on registering a society with an identical name and style as that of an earlier registered society in the year 1973 under the Societies Registration Act, 1860.

Arun Tandon, J.—Heard Sri Vishnu Gupta, learned counsel for the petitioner, Sri Ashok Khare, Senior Advocate assisted by Sri A.K. Dixit, Sri K.G. Khare, learned counsel for the respondent No. 4 and Sri Piyush Shukla, learned standing counsel for the respondent Nos. 1 to 3.

2. There is a society duly registered under the Societies Registration Act, 1860 in the name and style of Janta Madhyamik Vidyalaya Samiti, Mohamadabad, Tehsil Bidhuna, Etawah. The said society has established a junior high school in the same name and style, and is recognized under the provisions of Uttar Pradesh Basic Education Act. The said society was originally registered in the aforesaid name on 18th August, 1964 bearing registration No. 378/1964-65, file No. 1-13495. At the relevant time Sri Ram Murti was the President and Sri Raghubar Dayal was the life manager of the said society.

3. According to the petitioner, namely, Sri Raghubar Dayal, for the purposes of registration of certain changes in the aims and objects of the society, a letter was forwarded by the

manager Sri Raghubar Dayal to the Registrar, Societies, Firms and Chits, Lucknow respondent No. 2. The Registrar in turn by his letter dated 2nd July, 1974 informed the petitioner that under the provisions of Societies Registration Act, 1860 as were applicable, no change was possible in the aims and objects of the Society and, therefore, advised the petitioner to get a new society registered in the same and style with changed aims and objects. Accordingly, a new society was got registered in the same name and style bearing No. 3687/1-2880 dated 9th January, 1973. The renewal to the said new society was granted from time to time and the last renewal was done for the period 10.10.1985 to 10.10.1990.

4. Respondent No. 4 Sri Maharaj Singh Yadav, however, moved an application before the Assistant Registrar, Societies, Firms and Chits, Kanpur, respondent No. 3 claiming therein that the original registration of the said society bearing Registration No. 378/1964-65 on file No. 1-13495 dated 18th August, 1964 be renewed and the new registration of the said society in the same name and style, as has been done under Registration No. 3687/1-2880 dated 9th January, 1973 be cancelled. The Assistant Registrar on receipt of the said application of the respondent No. 4, Sri Maharaj Singh Yadav, issued notices to the parties and after affording opportunity of hearing to the parties concerned by means of the order dated 12th February, 1992 in exercise of power under Section 12D (1) of the Societies Registration Act, 1860 revolved the registration of the new society bearing Registration No. 3687/1-2880 dated 9th July, 1973 and directed that the original registration of the society bearing Registration No. 378/1964-65, file No. 1-13495 dated 18th August, 1964 be renewed.

5. Feeling aggrieved by the aforesaid order, the petitioner Sri Raghubar Dayal filed an appeal being Appeal No. 1/2 of 1992 under Section 12D (2) of the Societies Registration Act, 1860 before the Commissioner, Kanpur Division, Kanpur, respondent No. 1. The Commissioner, by means of the order impugned dated 7th April, 1993 dismissed both the appeals so filed by the petitioner. Against the aforesaid order of the Commissioner, respondent No. 1 dated 7th April, 1993, Sri Raghubar Dayal has filed the present writ petition.

6. On behalf of the petition it is contended that the orders passed by the Assistant Registrar as also by the Commissioner proceed on misconception of facts as well as the law, inasmuch as at the time when the new society was registered in the same name and style as that of the earlier society, which was registered bearing Registration No. 378/1964-65 on file No. 1-13495, dated 18th August, 1964, there was no restriction for a second society being registered in the same name and style as that of earlier society. The restriction in that regard has been brought about by amendment to Section 3 whereby sub-clause 2 (a) has b