- (1.) The petitioners are Ordinary Members of General Body of Arya Shiksha Sabha, Gorakhpur (for short, the "Society"), which is a Society registered under the provisions of the Societies Registration Act, 1860 (for short, the "Act"). They are aggrieved by one of the findings recorded by the Prescribed Authority in the order dated 06th March, 2013 in respect of the interpretation of a clause of bye-laws of the Society.
(2.) Briefly stated, the facts are that the Society i.e. Arya Shiksha Sabha, Gorakhpur was registered on 22nd February, 1945. The Society has its 'Rules and Regulations'/bye-laws (for short, the "bye-laws"). The Society runs and manages an educational institution, namely, Mahadeo Prasad Poddar Arya Kanya Inter College, Gorakhpur (for short, the "College"). It is a girls college recognised under the provisions of the Uttar Pradesh Intermediate Education Act, 1921. The College receives aid out of the State fund, therefore, the provisions of the Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salary of the Teachers and other Employees) Act, 1971 are also applicable to the Institution. The renewal of certificate of registration of the Society was made from time to time.
(3.) It is stated that bye-laws of the Society was amended in the year 1964 and the dispute in respect of the amended bye-laws was adjudicated upon by the Assistant Registrar vide order dated 04/10th July, 1995 by confirming the amendment made in the year 1964. Against the said order of the Assistant Registrar, a writ petition was filed by one Sri Vijay Bahadur Singh, being Civil Misc. Writ Petition No. 24362 of 1995 (Society Arya Shiksha Gorakhpur and another v. Assistant Registrar, Firms, Societies and Chits and another), which came to be dismissed by this Court on 28th September, 2001.;