R.B. Mehrotra, J. - (1.) ASSISTANT Registrar, Firms, Societies and Chits, exercising powers under Section 12(D) of the Societies Registration Act, 1860, as amended by the State of U.P. Cancelled the registration of the petitioners' Society, vide his order dated 20 -5 -1988,. taking a view that the change of the name of the society was not done in accordance with the registered bye -laws of the Societies and further directing that the application for renewal of the Society, moved by Sri Ishwar Dayal Gupta, Manager of 'Mathur Vaishya Shiksha Paracharini Sabha' Kharigarh (Mainpuri) is renewed for two years from 10 -10 -1979, 10 -10 -1981 and 10 -10 -1983 and permitting them to file the list of the members of their society for the year 1988 -89, under Section 4 -K of the Societies Registration Act. Aggrieved by the aforesaid order, the petitioners filed an appeal before the Commissioner of the Division, who, vide his order dated 16 -5 -1990, dismissed the petitioner' appeal almost in limine, holding that the view taken by the Assistant Registrar is correct in the circumstances of the case.
(2.) IN the present writ petition, under Article 226 of the Constitution of India, the petitioners have challenged the aforesaid two orders, passed by the Assistant Registrar, Firms, Societies and Chits, Agra dated 20 -5 -1988 and the order of the Commissioner dated 16 -5 -1990. The question involved for consideration of the present writ petition is regarding the scope of section 12(D) of the Societies Registration Act. For convenient reference, the aforesaid section is being reproduced below. 12 -D Registrar's power to cancel registration in certain circumstances -(1) Notwithstanding anything contained in this Act, the Registrar may by order in writing, cancel the registration of any Society on any of the following grounds: (a) that the registration of the Society or of its name or change of name is contrary to the provisions of this Act, or of any other law for the time being inforce: (b) that its activities or proposed activities have been or are or will be subversive of the objects of the society or opposed to public policy: (c) that the registration or the certificate of renewal has been obtained by misrepresentation or fraud: Provided that no order of cancellation of registration of any society shall be passed until the society has been given a reasonable opportunity. of altering its name or object or of showing cause against the action proposed to be taken in regard to it. (2) An appeal against an order made under Sub -section (1) may be preferred to the Commissioner of the Division in whose jurisdiction the Head -quarter of the Society lies, within one month from the date of communication of such order. (3) The decision of the Commissioner under Sub -section (2) shall be final and shall not called in question in any court.
(3.) BEFORE I consider the question, whether the order of the Registrar is within the purview of the Section 12 -D of the Act, some facts are necessary for the decision of the case.;