- (1.) In this appeal, the appellant has raised an issue that the impugned order dated 24.05.2010, whereby the learned Single Judge has directed the papers to be forwarded to the State Government for consideration of the issue under Section 3B of the Societies Registration Act, 1860, suffers from an error of law and consequently, it ought to be set aside.
(2.) A few facts may be necessary to consider the controversy, which arises in this matter. There is a Society known as Christ Church College Society, Kanpur registered under the provisions of Societies Registration Act, 1860 (hereinafter referred to as 'the Act'). It was registered on 30th of May, 1956. It has its own memorandum, rules and regulations. It runs Christ Church College, Kanpur.
(3.) There is also a Trust known as The Church of North India, which was inaugurated on 29th November, 1970 and within the said Church, there is Diocese of Lucknow and the first Bishop was Rt. Reverend Deen Dayal, who was installed on 13th December, 1970. The Lucknow Diocesan Trust Association (hereinafter referred to as the "LDTA) is a charitable and a religious Trust incorporated in the year 1924 and registered under the Indian Companies Act, 1913. All the properties of the Church particularly the Church of India, Pakistan, Burma and Ceylon were owned or managed and controlled by the LDTA. After the unification of Churches, all the properties within the Diocese of Lucknow were under the jurisdiction of the LDTA. The Registrar of the Societies after the year 1970 accepted the resolution passed by the Society with Rt. Rev. Deen Dayal, Bishop of Lucknow, Church of North India, as its Chairman. List of elected members was submitted to the Registrar of Societies who accepted the same and has renewed the certificate of registration of the Society from time to time.;