- (1.) Heard Sri R.K. Ojha learned counsel for the petitioner, Shri U.N. Sharma learned Senior Counsel assisted by Sri C.B. Gupta learned counsel for the respondent No. 4., Sri Neeraj Tiwari learned counsel for the respondent No. 2 and the learned standing counsel for the respondent Nos. 1 and 3. Learned counsel for the petitioners contends that the petitioners are valid office bearers of the Society. The respondent No. 4 had surreptitiously got a society registered in 1965 about which complaints were made in 1995 and the said society of the respondent No. 4 was not renewed. The Society has established three institutions namely Anglo Sanskrit High School, Anglo Sanskrit Intermediate College and Anglo Sanskrit Degree College which has been renamed as Mahatma Gandhi Degree College, Shanti Nagar, Fatehpur.
(2.) Learned counsel for the petitioners contends that the petitioner's committee for the college has been recognised by the Vice-Chancellor of Chatrapati Sahu Ji Maharaj University on 14.12.2007. The petitioners claim to be in effective control of the same and also claims to have held fresh elections on 21.4.2012 which is pending consideration before the Vice-Chancellor. It is in this back ground that the present dispute relating to the society of the respondent No. 4 has arisen.
(3.) Respondent No. 4 appears to have resolved on 23.9.2012 in a meeting that the name of the society be altered and amended and a copy of the said resolution has been filed at Page 49 of the Paper book of the writ petition. This resolution appears to have been tendered before the Assistant Registrar, Firms, Societies and Chits who on the very next day appears to have hurriedly issued letter dated 24.9.2012 indicating that the claim can be considered upon a compliance of clause 18 of the said letter. Renewal was granted to the society simultaneously. The petitioners claim to have filed objections on coming to know of the same on the ground that neither the respondent No. 4 was entitled to claim renewal nor entitled to change the name of the society so as to add the words 'Degree College'. It is the said objection which has been rejected by the impugned order dated 10.10.2012 Annexure 15 to the writ petition.;