Hon'ble Shishir Kumar, J. - (1.) This writ petition has been filed for a writ in the nature of certiorari quashing the notices of show-cause issued by Assistant Registrar, Firms, Societies and Chits, Allahabad Region, Allahabad including notices dated 2.2.2010 and 11.2.2010 (Annexures 23 and 24 to writ petition). Further a writ in the nature of prohibition to respondents to initiate any proceeding in pursuance of notice impugned.
(2.) The facts arising out of writ petition are that there is a society registered under the Societies Registration Act, 1860 under the name of Allahabad High School Society, Allahabad. Petitioner No. 2 is the Secretary of the Society. The registration of the society was renewed from time to time and lastly it was renewed for the period of five years with effect from 10.10.2005. The society has its own bye-laws, a copy of same has been annexed as Annexure 2 to writ petition. In an Annual General Meeting of the society, which was held on 27.11.2004, a decision was taken appointing two member Sub-Committee to consider amendments in the bye-laws for stream-lining the administration of the Society. On 10.9.2005, two member Sub-Committee submitted a report for the purposes of consideration to the Chairman and it was placed for consideration in the next Annual General Meeting held on 28.11.2005. In the said meeting, six member Amendment Committee was constituted for finalizing amendments to the bye-laws. A proceeding was conducted and a draft was finalized for the purposes of amendment in the bye-laws. It was considered and convened to the General Body for 28.5.2007. The amendment was accepted by General Body held on 28.5.2007. Intimation to this effect was given to Assistant Registrar on 29.5.2007 by means of communication accompanied by the amendment to the bye-laws. An affidavit to that effect was also filed by the deponent. The amendments so made do not contain any amendment to the objects of the Society nor any amendment in the name of the Society. Under the Societies Registration Act, there exist no provision requiring approval of any amendment to the bye-laws and amendments so made are self-operative from the date of amendment. The requirement is only under the Act of intimation of amendment to the bye-laws to the Assistant Registrar. The institutions run by the Society are recognised by the Indian Council of Secondary Education, New Delhi. On 6.11.2009, Morris E. Dan was elected as the Bishop of Lucknow Diocese. After taking over charge he filed an objection dated 30.9.2009 before the Assistant Registrar, Firms, Societies & Chits, Allahabad with regard to the amendments effected to the bye-laws. One Sri Vinod B. Lal claims to have been appointed as Director (Administration) of Lucknow Diocese in the month of October/ November, 2009. Objections to that effect was filed on 9.10.2009 and 11.12.2009. Certain queries were asked by means of notices. In response of said notice, information was supplied to this effect to the competent authority. A Writ Petition No. 65108 of 2009 was filed with a prayer for a writ of mandamus commanding respondent i.e. Assistant Registrar to decide the objection. The aforesaid writ petition was opposed by petitioners and it is pending for consideration. Failing which to obtain a relief in the said writ petition, second petition being Writ Petition No. 68521 of 2009 was filed by respondent No. 5 with a similar prayer. The said writ petition was disposed of finally directing respondents to decide by judgment and order dated 16.12.2009.
(3.) On 2.2.2010, the Assistant Registrar (respondent No. 3) has proceeded to issue notice to petitioners. Petitioners submit that intimation of the said proceeding and issuance of notice is beyond scope of authority of Assistant Registrar under the Societies Registration Act, 1860. In case any aggrieved person is having any objection regarding the validity of the amendment to the bye-laws, legal course available to him is to get declaration with regard to invalidity of the amendment to the bye-laws by filing the aforesaid suit.;