P. Sathasivam, J. - (1.) I.A. No.4 - Application for impleadment is allowed.
(2.) LEAVE granted. This appeal is directed against the judgment and final order dated 25.03.2011 passed by the Division Bench of the High Court of Judicature at Allahabad in Special Appeal No. 281 of 2011 whereby the Division Bench confirmed the order dated 22.02.2011 passed by the learned Single Judge and the order dated 24.07.2010 passed by the Assistant Registrar, Firms, Societies & Chits, Allahabad, who cancelled the proceedings related to amendments registered on 30.05.2007. Brief facts: (a) The appellant-Allahabad High School Society (hereinafter referred to as "the Society") was established in the year 1861 and was registered on 09.02.1888 under the U.P. Societies Registration Act, 1860 (hereinafter referred to as "the Act"). According to the constitution of the society, it was established and registered with the object to advance the cause of Christian education in Allahabad, according to the teaching of the Church of England as by law established, especially amongst the children of the European and Anglo-Indian population, in conformity with, and agreeably to, the provisions of the rules of the Allahabad High Schools Society, 1952 (in short 'the rules'). The memorandum of the society contains various clauses which includes that the society shall consist of the Bishop of Lucknow and of other members not exceeding 23, three of whom shall be respectively the Senior Chaplain for the time being of the Church of England at Allahabad, the Commissioner for the time being of the Allahabad Division and the Collector for the time being of the Allahabad District. The affairs of the Society shall be managed by all the Members of the Society that the Bishop of Lucknow, the Honorary Secretary and the Honorary Treasurer of the society, shall have the authority to execute all contracts and deeds on behalf of the society. The management of the Girls' School shall be conducted by a Standing Committee of all the lady members of the society and the management of the Boys' School shall be conducted by a Standing Committee of all the men who are Members of the Society. These Schools shall be subject to the inspection of the Government and of the Diocesan Council and make such returns as may be required by the Diocesan Council from time to time. (b) On 28.05.2007, rules, Constitution and Bye-laws of the society, in question, were amended, which were registered on 30.05.2007 and the above- said information was also communicated to the Assistant Registrar, Firms, Societies & Chits, Allahabad. Since several objections were raised about the amendments made on 28.05.2007, the Assistant Registrar, who is the competent authority under the Act, after analyzing all the materials with reference to various clauses of memorandum, had concluded that the amendments were made arbitrarily, unlawfully and without following the democratic process, and in contravention of the provisions of the Act and the rules and, therefore, by order dated 24.07.2010, cancelled the registration of the proceedings related to amendments registered on 30.05.2007, under section 12D(b) of the Act, in pursuance of notice issued under section 12D(1) of the Act. In the same order, the Assistant Registrar issued direction to the Bishop, Diocese of Lucknow, who is an ex-officio member of the Society and Chairman of the Governing Body under the Rule's, to convene a General Body Meeting, after informing all the Members about the present situation and circumstances and reasons regarding amendments to the Rules to comply with Rule 11 of the 1952 Rules and to form a Governing Body and present the same. (c) The above order of the Assistant Registrar was challenged by the appellant-Society before the learned Single Judge of the High Court of Allahabad in Civil Misc. Writ Petition No. 46551 of 2010. The learned Single Judge, after going into the merits of the claim with reference to statutory provisions and all other relevant materials, vide his order dated 22.02.2011, confirmed the order passed by the Assistant Registrar and dismissed the writ petition filed by the Society. (d) Aggrieved by the order of the learned Single Judge, the Society filed Special Appeal No. 281 of 2011 before the Division Bench of the High Court assailing the correctness of the judgment and order dated 22.02.2011. The Division Bench, after considering the rival claims and taking note of the basic and core objects of the Society to impart Christian education in Allahabad and neighbouring areas, by judgment and order dated 25.03.2011, confirmed the orders passed by the learned Single Judge and the Assistant Registrar, consequently, dismissed the special appeal being devoid of any merits. The said order is under challenge in this appeal by way of special leave.
(3.) HEARD Mr. C.S. Vaidyanathan, learned Senior Counsel for the appellant- Society, Mr. R. Venkataramani, learned Senior Counsel for respondent No.3 and Mr. T.P. Singh, learned Senior Counsel for the impleaded party. In view of the various proceedings, orders by the authorities under the Act and the decision of the learned Single Judge, the Division Bench and this Court after taking note of the fact that the Assistant Registrar had issued a direction to the Chairman of the Governing Body to convene a fresh General Body Meeting after notifying all the Members about the present situation and circumstances and reasons as per the Rules and take a fresh decision regarding amendments to the Rules, we are of the view that it is not necessary to refer all those factual details and earlier orders.;