- (1.) SINCE common question of facts and law is involved in both the petitions, therefore, they are being decided by a common judgment.
(2.) THE petitioners have filed these writ petitions for quashing the order dated 19.3.2012, contained in Annexure No.1 to the writ petitions.
(3.) THE facts in short giving rise to the present petitions are that the Society known as Antarrashtriya Boudh Shodh Sansthan, U.P. ( for short "the Society") having its registered office at SNA Parisar Near Gomti Nagar, U.P. was registered under the Societies Registration Act, 1860. The aims and objects of the Society are to collect the literature relating to Buddhism available in other countries of the world and doing research work as well as translating the aforesaid literature in English and in other Indian languages with certain other objects including establishment of libraries, preparation of microfilms, organizing seminars, lectures etc. on Buddhism. After registration of the Society, some amendments were made in the bye -laws of the Society and they were ultimately registered and approved by the Deputy Registrar, Firms, Societies and Chits, U.P., Lucknow (for short "the Deputy Registrar"). Under the amended bye -laws, Members of the Committee of Management and the constitution of the Committee of Management has been provided as under: - 1. Boudh Bhikshu nomination by the State Government - President 2. A follower of Boudh Dharm nominated by the State Government - Vice President 3. 11 non -government members nominated by the State Government out of which 8 will be Boudh Bhikshu and 3 will be follower of Boudh Dharm - Members 4. Principal Secretary/ Secretary, Department of Finance, Government of U.P. or a nominee of Principal Secretary who will not be below of Rank of Deputy Secretary -Ex Officio Member 5. Principal Secretary/ Niyojan Vibhag, Government of U.P. or a nominee of Principal Secretary who will not be below of Rank of Deputy Secretary -Ex Officio Member 6. Principal Secretary/Secretary, Department of Higher Education, Government of U.P. or a nominee of Principal Secretary who will not be below of Rank of Deputy Secretary -Ex Officio Member 7. Director, Antarrashtriya Boudh Shodh Sansthan U.P. - Ex Officio Member Secretary 8. Principal Secretary, Housing, Government of U.P. - Ex Officio Member Under 4 (1) of the bye -law of the Society, the period of Member of the Society or the Member of the Executive Council, who are other than Ex Officio Member shall be five years from the date of holding of the office. In Regulation 4 (2), it has further been provided that if the functioning of the President and Vice President and other non -government members are found satisfactory during these five years, their names shall be considered for their nomination on priority basis for the next five years. In bye -law 5, a provision has been made for termination of membership of a nominated member if he has resigned in writing, if he died, if he is working against the interest/aims of the Society, if he has been declared insolvent, if he has been convicted in a criminal case relating to moral turpitude and if he has been charged with grievous allegations; in the aforesaid situation, the Government will take a decision after holding enquiry legally as permissible under law.;