K.C.Agarwal, ACJ. - (1.) This petition under Art. 226 of the Constitution has been filed by Shiksha Samiti Degree College, Garua Maksudpur, Ghazipur, and others for quashing the order of the Registrar (respondent) passed under Section 12-D of the Societies Registration Act.
(2.) There is society at Ghazipur known as Shiksha Samiti Degree College, Garua Maksudpur, Ghazipur. The registration of the society was being renewed from year to year. On November 5, 1978, the general body of the society passed a resolution in accordance with rule 19 of the Bye-laws making certain amendments in the same. The amendment was sent to the Registrar under Section 4A of the Societies Registration Act for incorporating the same in the Register of the Bye-laws maintained by him. The amendment was consequently allowed by the Registrar on November 5, 1978 and thereafter intimation of incorporation was sent to the parties concerned on November 30, 1978 by ordinary post and by registered post on December 4, 1978. In October 1980 an application was filed by the contesting respondent for recalling the incorporation of the amendment on the ground that by the same, the basic structure of the society had been modified and changed which power the society did not possess and also stated that the amendment had been obtained by illegal and fraudulent means. This application was not headed under any specific provision. We can, however, trace out the power of the Registrar by resorting to Section 12 D of the Act.
(3.) After having considered the explanation the Registrar found that the amendment allowed on November 5, 1978 by him run contrary to the objects of the society and as they had been procured illegally. Challenging the same, the present writ petition has been filed.;