The dispute in this writ petition is with regard to membership of the Society Maharashtra Shikshan Mandal Jhansi which is registered under the Societies Registration Act, 1860 (hereinafter referred to as the 'Act').

The petitioner society through its Secretary and its Secretary have jointly preferred this writ petition challenging the order dated 30.6.2012 (anneuxre 12 to the writ petition) passed by the Assistant Registrar, Firms Societies and Chits and the consequential order dated 29.8.2012 passed by the District Inspector of Schools (in short DIOS) annexure 13 to the writ petition.

In short, the dispute is about the 7 persons (Respondents no. 4 to 10) who have been directed to be included in the list of members of the Society by the Assistant Registrar even though the membership of these 7 members and 8 others was never accepted by the Society.

The society is registered and is having its own bye-laws. The bye-laws provide for ordinary membership to Marathi knowing persons aged above 18 years, if they pay Rs. 2/- only annually. Any such person who pays Rs. 101/-or more would be the life member of the society. In other words, a Marathi knowing person of 18 years and paying Rs. 101/- and more would be the life member of the Society.

Some of the life members of the society died and there were large vacancies. Therefore, the society decided to enrol new members. The applications were invited between 8.3.2010 to 18.3.2001. About 37 applications were received. The said applications were placed before the Managing Committee of the Society in its meeting held on 22.3.2011. The Managing Committee resolved that the ordinary membership should not be allowed to unmarried boys and girls who are not earning and that it should be open to persons who are graduates but no final decision on the applications so received was taken and the matter was referred to the general body of the Society. The Society in its meeting held on 22.4.23011 considered all the 37 applications received for the membership and decided to accept the membership of only 22 persons and no resolution was passed in respect of the remaining 15 applicants. These 15 applicants made a complaint before the Assistant Registrar who without interfering with the decision of the Society passed an order on 18.2.2012 that as the term of the Managing Committee of the society is over fresh elections of its office bearers be held under Section 25 (2) of the Act and appointed DIOS, Jhansi for the purpose.

The Assistant Registrar vide letter dated 27.3.2012 addressed to the DIOS sent a list of 89 members of the Society. The said list included 7 persons whose applications for membership were not accepted by the Society along with 8 other applicants.

The DIOS in response to it sent a letter dated 11.5.2012 to the Assistant Registrar informing him that the names of the above 7 persons have not been accepted by the Society, they are not in the list and their drafts of membership fee have already been returned by the Society. The Assistant Registrar on receiving the above letter of the DIOS passed an order dated 21.5.2012 directing him to hold the elections of the society on the basis of the list of 89 persons/members as submitted by him.

The above order of the Assistant Registrar dated 21.5.2012 and the letter dated 27.3.2012 were challenged by the petitioners by filing writ petition no. 28022 of 2012. The writ petition was allowed by the High Court vide judgment and order dated 30.5.2012 and the order of the Assistant Registrar dated 21st May 2012 was quashed. He was directed to decide about the legality of the enrolment of the disputed 7 persons as members of the Society in the light of the objections of the DIOS contained in his letter dated 11.5.2012.

It is in pursuance of the above order of the High Court that the Assistant Registrar has passed the impugned order dated 30.6.2012. He has held that as all the 37 applicants were eligible for the membership of the Society, they all