Hon’ble Mrs. Sangeeta Chandra, J.—This writ petition has been filed by petitioner No. 1 through its Secretary Sunil Lal. Petitioner No. 2 is Sunil Lal himself and petitioner No. 3 is David S.K. Jai, Chairman/Treasurer of the Society. The petitioners pray for quashing of the order dated 3.12.2016 passed by Assistant Registrar, Firms, Societies and Chits, Jhansi Division, Jhansi with a further prayer for issuance of mandamus to restrain the office-bearers of the impugned list approved by the Assistant Registrar from interfering in the functioning of David S.K. Jai as Chairman/Treasurer and also to permit him to operate the bank account of the Society.

2. The facts relevant to the decision of the controversy that has emerged from the pleadings are, that the Field Council of Norwegian Evangelical Mission, Karvi, Chitrakoot (hereinafter to referred as “the Society”) is a Society registered under the Societies Registration Act, 1860 (hereinafter to referred as “the Act of 1860”). The registered office of the Society is situated at Karwi, District Banda (now Chitrakoot). The Society has a Memorandum of Association and its own bye laws and Regulations. The Society was initially registered in October, 1974 with Ms. Aase Jorgensen as Chairman/Treasurer and Ms. Anna Marie Grothe as Vice Chairman, Philip Dass, Mrs. S.P. Bezaleel, R. Kristiansen, Samuel Jai, Miss. S. Dass and Mrs. A. Dass, a total of nine members. The Governing Body was constituted out of all these nine members and had five members in it initially. Ms. Aase Jorgensen was Superintendent of Mission and Chairman/Treasurer of the Society. Ms. Anna Marie Grothe was Manager of the School and Vice-Chairman. Shambhu Prasad Bezaleel was the Secretary. Philip Dass and Ms. S.P. Bezaleel were members of the Governing Body.

3. Under the Memorandum of Association the aims and objects of the Society were stated to be mainly setting up of charitable hospitals, dispensaries, medical relief vans, clinics and for establishing and maintaining chapels etc. and also rescue homes for the poor and the needy besides promoting the christian education by setting up schools for training christian candidates for ministry and to arrange their ordination. The Society was to get financial aid from Norwegian Evangelical Mission, Norway, in setting up its initial properties and the income of the Society derived from such properties was to be applied on a non profit basis solely for promotion of its objects set out in the Memorandum of Association.

4. Under the Rules and Regulations of the Society, the membership of the Society was restricted to Christians only and Superintendent of Norwegian Evangelical Mission was to be ex-officio member and the Chairman/Treasurer of the Society and its Governing Body. Under Clause 5 of the Rules and Regulations the Governing Body for the first five years was to consist of Chairman/Treasurer, Vice-Chairman, a Secretary and two members. Under Clause 6 of the Rules and Regulations the Governing Body for the second and subsequent period of five years was to be elected by the members of the Society at an Annual General Meeting. The members of the Governing Body were eligible for re-election. Under Clause 9, the Chairman was to preside over all meetings and in the absence of Chairman, the Vice Chairman and in absence of both, a person chosen from amongst members of the Governing Body present at such meeting. The quorum of such meeting of the Governing Body would be three. The annual general meeting of the Society would be held every year and the quorum was to consist 3/5th of the members of the Society. Under Clause 15 duties of office-bearers were given and sub clause-(c) provided that the Treasurer/Mission Superintendent would be appointed by Norwegian Evangelical Mission and would be over all Incharge and Co-ordinator of the work of the Mission in India. Under Clause 16 of the Rules and Regulations the funds for running expenses of the Society were to be received fr