Hon'ble Vikram Nath, J. - (1.) THIS intra-court appeal under Chapter VIIsection 24I, Rule 5 of the Allahabad High Court Rules, 1952 has been filed assailing the corresection 24 ctness of the judgment and order dated 22.02.2011, passed by the learned Single Judge in Writ Petition No.46551 of 2010, Allahabad High School Society, Allahabad and others vs. State of U.P. and others, whereby the learned Single Judge dismissed the writ petition and affirmed the order of the Assistant Registrar, Firms Societies and Chits dated 24.07.2010 allowing the objections of the respondent no.3 and cancelling the registration of the amendments approved by appellants in the meeting dated 28.05.2007 and various other resolutions registered on 30.05.2007 and further nullifying the said resolutions. The Assistant Registrar issued direction to the Bishop to convene fresh meeting for consideration of the amendments after constituting the general body in accordance with Rule 11 of the Rules of the Society.
(2.) THE Assistant Registrar and the learned Single Judge have referred to the relevant facts relating to the background of this case in great detail. We are however not referring to all the details giving rise to this appeal but in short we would refer to the facts which are relevant according to us. There is a Society by the name of Allahabad High School Society founded in the year 1861 and registered under the provisions of the Societies Registration Act, 1860 (hereinafter referred to as the Act) in the year 1888. Its registration had been renewed from time to time under the provisions of the Act, as applicable to the State of U.P. The basic and core object of the society in short is to impart christian education in Allahabad and neighbouring areas. With the aforesaid object the Society established a boys school and a girls school in the city of Allahabad. The constitution provided as to how both the institutions would be managed. With the passage of time both boys and the girls school came to be known as the Boys' High School, Allahabad and the Girls' High School, Allahabad. Major amendments in the Rules of the Society were brought about in the year 1952 and they continued as such till the amendments in question cropped up during the period 2004-2007.
(3.) THE Ex. Officio members as provided in Rule 3(i) of the Rules of the Society w.e.f. 1952 included-(a) THE Bishop of Lucknow (b) THE Commissioner of the Allahabad-Jhansi Division (C) THE Collector of Allahabad (d) THE priest in-Charge of All Saints' Cathedral, Allahabad (e) THE Secretary of the Education Board of the Lucknow Diocesan Council (f) THE Headmaster of the Boys' High School, Allahabad (g) THE Headmistress of the Girls' High Schools, Allahabad. Rule 7 of the Rules of the Society provided that Bishop of Lucknow would be the Chairman of the Society. Further under Rule 18 of the Rules the Bishop who was the Chairman of the Society was also vested with certain overriding powers to declare any resolution of the Governing Body invalid which in his opinion contravened the Constitution, Canons of Rules of the Church of India. By the proposed amendments which are said to have been considered and passed in the meetings of the Society dated 27.11.2004, 28.11.2005, 23.11.2006 and 28.5.2007 the provisions relating to Ex. Officio members was done away with, the Bishop would no longer be the Chairman of the Society and consequently the overriding powers of the Bishop was also deleted. A comparative chart containing the details of the Rules as they existed since 1952 and alterations and amendments made in it in the various meetings referred to above and registered on 30.05.2007 is being extracted below : Rule No. Original Rules of 1952 Altered Rules by amendment made on 28.5.2007 Remarks In rules 3, 7, and 18, the expression "the bishop of Lucknow" shall mean the Bishop of Lucknow and in his absence the Bishop's Commissary. Deleted 3. (i) Ex-Officio Members : THE following shall be Ex-officio members, namely, (a) THE Bishop of Lucknow. (b) THE Commissioner of Allahabad-Jhansi Division. (c) THE Collector of Allahabad. (d) THE Priest in charge of All Saints' Cathedral, Allahabad. (e) THE Secretary of the Education Board of the Lucknow Diocesan Council. (f) THE Headmaster of the Boys' High School, Allahabad. (g) THE Headmistress of the Girls' High School, Allahabad. (ii) Life Members : A person who has subscribed a sum of not less than one thousand rupees to the Society shall, subject to the approval of the Governing Body, be a life membership. (iii) Ordinary Members : Any person who agrees to pay the prescribed monthly subscription shall be eligible for election as an ordinary member. (iv) Honorary Members : Any person not already a member of the Society who is elected an officer of the Society or a member of the Governing Body shall be an honorary member." All deleted 4. Termination of Membership: (e) on his absence from India for six consecutive months; (f) if any honorary member, on his ceasing to be a member of the Governing Body. Deleted 7. Chairman : THE Bishop of Lucknow, unless he be unwilling to act shall be the Chairman of the Society. Deleted 9. Duties of Secretary: (c) appoint and dismiss such clerks and servants as he shall consider necessary and upon such terms as he shall deem fit; Deleted 11. Governing Body Constitution: THE management of the affairs of the Society shall be vested in the Governing Body which shall consist of the officers of the Society and not less than twelve, not more than nineteen, other persons, and shall include not less than three exofficio members. THE members of the Governing Body shall be elected by the Society at its Annual General Meeting and shall hold office until the conclusion of the next Annual General Meeting. Governing Body Constitution: THE Management of the affairs of the society shall be vested in the Governing Body which shall consist of officers of society and not less than 7 other members. THE members of the Governing Body shall be elected by the Society at its Annual General Meeting and shall hold office for a term of five consecutive years and may or may not be re-elected. Altered 13. Termination of Membership of the Governing Body : If any member of Governing Body shall become insolvent or of unsound mind or cease to reside in the Diocese of Lucknow for a period of more than six consecutive months or shall signify to the Chairman his desire to retire, he shall, from the date of the happening of any such event, cease to be a member of Governing Body. Termination of Membership of the Governing Body: If any member of Governing Body shall become insolvent or of unsound mind or cease to reside in India for a period of more than a year or shall signify to the Chairman his desire to retire, he shall, from the date of the happening of any such event, cease to be a member of Governing Body. Altered 17. General Powers : (c) to promote and contribute to any enterprise which shall have for its object the making or doing of any work or thing conducive directly or indirectly to the attainment of the objects of the Society; (g) to appoint upon such terms as it deem fit the Principal and assistant teachers of the schools or colleges conducted by the Society; such persons being, if possible, communicant members of the Church of India,Pakistan, Burma and Ceylon, or of a Church in communion with it, and to suspend or discharge any principal and teacher. (i) to appoint a Priest of the Church of India, Pakistan, Burma and Ceylon or of church in communion with it, and duly licensed by the Bishop of Lucknow, as School Chaplain; and to suspend and discharge him, To appoint and dismiss upon such terms as it deems fit the Managers, Directors, Bursars, Principal, Head Master, Head Mistresses of the Schools or Colleges through the Officers of the Society in writing in the name of the Chairman, such appointments shall then be confirmed by the House. Deleted Altered Deleted 18. Overriding Power of the Bishop of Lucknow :- THE Bishop of Lucknow shall have an overriding power to declare invalid any resolution of the Governing Body which in his opinion, contravenes the Constitution, Canons or Rules of the Church of India, Pakistan, Burma and Ceylon but such power must be exercised within 14 days of the said resolution being brought to his knowledge Deleted 38. Amendment to the Rules : THEse rules may be altered, amended or revised only at a meeting of the Society specially called for the purpose and then only if approved by at least three quarters of the members of the Society present at such a meeting. Amendment to the Rules : THEse rules may be altered, amended or revised only at a meeting of the Society specially called for the purpose and then only if approved by at least threefourth of all the members of the Society. Explained and altered The appellant no.2 was appointed as Principal of the Boys' High School in the year 1988 and by virtue of the said office he became member of the Governing Body and later on he was elected/nominated, as the case may be, as the Secretary of the Society. At the time the meeting for considering the amendments and its subsequent registration in the year 2004-07 took place one Mr. A.R. Stephen was the Bishop. It is apparent from the record that said Mr. A.R. Stephen had participated in all the meetings relating to the amendments in the Rules of the Society. In the year 2009 respondent no.3 Mr. Morris E. Dan became Bishop of Lucknow Diocese in place of Mr. A.R. Stephen. Respondent no.3 upon coming to know of the amendments in the Rules of the Society as registered on 30.5.2007 which in fact severed the association of the Society with the Diocese of Lucknow, raised objections before the Assistant Registrar and prayed for cancellation of such registration. Repeated representations were filed by respondent no.3 and each time notices were issued by the Registrar to the appellant no.2 calling upon him to submit his reply along with the relevant records. Initially some petitions were filed for a direction to the Assistant Registrar to expedite consideration and disposal of the objections filed by the respondent no.3 in which innocuous orders were passed, commanding the Assistant Registrar to take appropriate decision in accordance with law within a fixed time frame.;