- (1.) Heard Sri Prem Chand Pandey, learned Counsel for the Petitioners, Sri K.S. Tiwari for Respondent Nos. 4 and 5 and learned Standing Counsel for Respondent Nos. 1,2 and 3.
(2.) The Petitioners contend that they had moved a memorandum of association alongwith an application for registration of a Society in relation to Shri Shanker Parwati Hanuman Ji Mandir, Village-Saipur, Post Birawn Baragaon, District Varanasi. For the same temple, the Respondent Nos. 4 and 5 also appear to have moved before the Assistant Registrar for registration of the Society basing their claim on different grounds. The Assistant Registrar was seized of both the applications. The provision for registration as applicable under the and the procedure to be followed for registration of a new Society has been prescribed through an amendment brought about in the State of U.P. and captioned as Section 3(1) of the said Act quoted herein below:
(3.) (1) Upon such memorandum and certified copy being filed alongwith particulars of the address of the Society's office which shall be in registered address, by the Secretary of the Society on behalf of the persons subscribing to the memorandum, the Registrar shall certify under his hand that the Society is registered under this Act. There shall be paid to the Registrar for every such registration a fee of one thousand or such smaller fee as the State Government may notify in respect of any class of Societies: Provided that the State Government may, by notification in the Official Gazette, increase from time to time the fee payable under this sub-section: Provided that the Registrar may, in his discretion, issue public notice or issue notices to such persons as he thinks fit inviting objections, if any, against the proposed registration and consider all objections that may be received by him before registering the Society. 3. The Assistant Registrar appears to have proceeded to call for a report from the Sub-Divisional Magistrate and making the said report a basis, proceeded to grant registration in favour of Respondent Nos. 4 and 5. The Certificate has been issued on 29.1.2011.;