- (1.) Heard Sri B.B. Paul, the learned Counsel for the petitioner, Sri P.N. Saxena, the learned Senior Counsel assisted by Sri Sanjay Srivastava and Udayan Nandan, the learned Counsel for respondent No. 4, who is the contesting party. The petitioner No. 1 alleges itself to be the Executive Board of the Methodist Episcopal Church in Southern Asia, and petitioner No. 2 alleges himself to be the General Secretary of this Board. It transpires that the petitioner No. 2 moved an application for renewal of the certificate of the Society and also filed a list of the names of the office bearers. It also transpires that the petitioners also moved an application for amending its bye-laws-. These applications were duly considered and allowed and the renewal of certificate alongwith the list of office bearers was granted to the petitioners. When the respondents came to know about it, they filed a detailed objection alleging that a fraud and misrepresentation had been played by the petitioners.
(2.) The Deputy Registrar, Firms, Societies and Chits, Agra after considering the matter allowed the objection of respondent No. 4, and cancelled the renewal of certificate of the registration of the society as well as the list of office bearers and the application for amendment of the bye-laws on the ground that the petitioners had obtained the said certificate, etc. by misrepresentation and fraud.
(3.) The petitioners being aggrieved by the said order filed an appeal under sub-clause (2) of Section 12D of the Societies Registration Act. The said appeal was rejected by the appellate authority on the ground that the appeal was not maintainable in as much as the appeal only lies against the cancellation of the registration of the Society. The petitioners being aggrieved by the said order have filed the present writ petition.;