JUDGMENT :

Vikas Budhwar, J.

1. Heard Sri Gajendra Pratap Singh, learned Senior Counsel assisted by Sri Jitendra Kumar Srivastava for the appellant, Sri Radha Kant Ojha, learned Senior Counsel assisted by Sri Pradeep Kumar Mishra for respondent (writ petitioners) and learned Standing Counsel who appears for respondent nos. 1 and 2.

2. This intra-court appeal is against the judgment and order dated 20.10.2022 of the learned Single Judge dated 20.10.2022 in Writ-C No. 20203 of 2022 whereby the writ petition of the writ petitioners (i.e. respondent nos. 3 and 4) was allowed, the order dated 28.06.2002 passed by Assistant Registrar Firm Societies and Chits, Varanasi Mandal, Varanasi (i.e. respondent no. 2) was quashed with a direction to refer the matter to the prescribed authority for deciding the rival claims under Section 25 of the Societies Registration Act, 1860.

3. Before coming to the issues involved in this appeal, it will be apposite to give a brief description of the society in question and the various provisions governing its administration.

4. To begin with there is an association by the name of Shree Arya-Mahila Hitakarini Mahaparishad (The All – India Hindu Ladies’ Association) (in short the Association) established in 1919 which has been registered under the provisions of the Societies Registration Act, 1860 (in short 1860 Act). The Association has its own Memorandum of Association (in short MOA). As per Clause-2 thereof, the head quarters of the Association is located at Benaras with its office at Bharat Dharam Mahamandal Buildings, Jagatganj, Benaras. The Association has framed Rules and Regulations (in short the Rules) for better administration and for achieving the objects for which the Association had been established. As per Clause-1 of the Rules and Regulations, Shree Arya-Mahila Hitkarini Mahila Parishad is the Association whose general body is known as All India Samarakshak Sabha (in short Sabha). The management as per Clause 28 of the Rules comprising of the Sabha, The All India Council (for short the Council) and Executive Committee (for short the Committee). Clause-2 of the Rules of the Association provides for as many as seven types of members, namely (a) Distinguished Patrons, (b) Patrons, (c) Vice Patrons, (d) Life Members, (e) General Members, (f) Special Members and (g) Honorary Members.

5. Rights of different classes of members are provided in Clauses 12 to 27 of the Rules. Clause- 22 of the Rules of the Association provides for removal of the members of Association including a trustee in case they are found acting contrary to the interest of the Association. For the said purpose, a resolution by a majority of 3/4th of the members of the Council, present and voting, either in person or by proxy, at a special meeting of the Council, specially called for the purpose, is required. Clause-23 authorizes the Council to annul the removal or annul it subject to such conditions as it may think it to impose. Clause-28 provides that the term of the Sabha, Council and Executive Committee shall be five years. The composition of the Sabha shall be of Distinguished Patrons, Patrons and Life Members of the Association. The management of the affairs of the Association shall vest in the Executive Committee of the Association subject to the general control and supervision of the Council of the Association. Moreover, all the properties of the Association shall vest in the trustees. The committee shall manage the different department of Association through different sub-committees appointed for the said purpose. Such sub-committees may consist of persons who are not members of the Executive Committee or of the Association. Clause-29 provides that the meeting of the Sabha shall be held at least once in every five years or whenever considered necessary by the Chief Secretary, Joint Chief Secretary or on the request of at least seven members of Sabha in writing to the Chief Secretary to call the meeting. Clause-30 provides that