A.N.Varma, J. - (1.) Through the instant writ petition the petitioners have prayed for quashing of the order dated 28.8.2004 passed by opposite party No. 1, as contained in Annexure-1, whereby the election of the Chairman of Harbhaj Ram Kripa Devi Trust, held in the meeting of the trustees on 14.8.2003, has been set aside and It has been ordered that fresh elections be held. A further prayer has been made for issuance of a writ, order or direction in the nature of mandamus commanding the opposite parties not to give effect to the order dated 28.8.2004.
(2.) The circumstances in which the dispute in the present petition arises is as follows : One Harbhaj Ram, father of petitioner No. 2 and grandfather of petitioner No. 1 and opposite parties No. 2 and 3 had seven sons. He died intestate on 28.1.1959, his wife Smt. Kripa Devi having predeceased him. Upon the death of said Harbhaj Ram, his seven sons decided to establish a charitable trust in his memory. Accordingly a trust was created on 1.7.1959 through a registered deed in order to establish a charitable hospital under the name and style 'Shri Harbhaj Ram Kripa Devi Trust Hospital' which was subsequently established at Naka Hindola Lucknow in the year 1961. The said trust was registered as a charitable society and was called as Shri Harbhaj Ram Kripa Devi Trust. The society was registered on 15.10.1960 vide Registration No. 349/6-61 under the Societies Registration Act 1860 (to be hereinafter referred as 'the Act') which was renewed from time to time, the last renewal having been granted by the Registrar of Societies for a period of five years on 8.11.2000 with effect from 10.10.2000. The society also framed rules and regulations known as Rules and Regulations of Sri Harbhaj Ram Kripa Devi Trust (to be hereinafter referred to as the rules) registered with the Registrar of the Societies, a copy of which has been annexed alongwith the writ petition as Annexure-3. The settlers and trustees of the trust, which was formed in 1959 were as follows : (1) Ram Narain (2) Ram Manohar (3) Shyam Sunder (4) Brij Bhushan (5) Deoki Nandan (6) Om Prakash (7) Vidya Sagar. All sons of late Harbhaj Ram
(3.) Rule 4 of the rules provides that in case a vacancy occurs amongst the settlers and trustees the same shall be filled up from amongst the male lineal descendants of Shri Harbhaj Ram and as far as possible from amongst the male descendants of the trustees on whose account the vacancy was caused. Rule 5 prescribed that trustees may nominate other trustee or trustees at any time and his or their nomination may be for a fixed term not exceeding three years provided that he shall be eligible to be re-nominated. Rule 6 prescribed that the nomination of a new trustee shall be made by mutual consent of the trustees for the time being and in case of difference, by election held by the ballots. Rule 7 provided that Ram Narain shall be the Chairman of the Board of trustees during his life time and after him the trustees may elect from amongst themselves, Chairman to hold the office during his life time or for a specified period. It was further provided that the Chairman shall always be from amongst the trustees who were male lineal descendants of late Shri Harbhaj Ram. Rule 13 provided that in case number of trustees for the time being did not exceed 6, three trustees, and if exceeds 6, then five trustees shall form a quorum in the meeting both ordinary and annual. No business of the trust shall be transacted at a meeting of the trustees if the quorum is not complete. Rule 6 laid down that there shall be only life members of the Board of trustees whose names were mentioned in the rules. The strength of the trustees could be increased upto eleven in future if required. Rule 27 prescribed the duties of the chairman who was to act as the constitutional head of the trust and shall be vested with the power (a) to call an emergency meeting of the Board of trustees and (b) to preside over all the meetings of Board of trustees and all general meetings and shall also control and regulate the business of such meeting in the interest of the trust.;