Sunita Agarwal, J. - (1.) IMPLEADMENT application has been filed for impleadment of Piyush Khanna as respondent No. 4. Learned counsel for the respondents though raised objections to this application. However, in the facts and circumstances of the case, the impleadment application is allowed. Present writ petition has been filed challenging the order dated 26.6.2014 passed by the Vice -Chancellor, Chhatrapati Shahu Ji Maharaj University, Kanpur, i.e., respondent No. 2 whereby the representation of the petitioners dated 20.2.2014 was rejected. The petitioner No. 1 is the committee of management stated to have been elected by a society registered under the Societies Registration Act, 1860 (in short "Act, 1860). Petitioner No. 2 claims to be Manager of the Post Graduate College.
(2.) IT is submitted by the learned counsel for the petitioners that there is a society in the name and style of Anglo Sanskrit College and Kunwar Chandra Bhushan Singh Anglo Sanskrit High School Committee, Fatehpur. It had decided to open a degree college and established in the name and style of Anglo Sanskrit Degree College. The name of the degree college continued as Anglo Sanskrit Degree College till 1971 when the college received grant for the construction of new building on the condition that it shall change its name to Mahatma Gandhi Degree College. In the meeting of the college held on 12.3.1972, the name of Anglo Sanskrit Degree College was changed to Mahatma Gandhi Degree College and an information to this effect was given to the Vice -Chancellor of the University vide letter dated 27.7.1972. This college was later on granted affiliation to run post graduate course in Political Science by the Vice -Chancellor and is now known as Mahatma Gandhi P.G. College, Fatehpur. A dispute arose with regard to renewal of the society as certain other persons were granted renewal in the same name and style as of the petitioners' society vide letters dated 24.9.2012 and 9.10.2012, by the Assistant Registrar, Firms, Societies and Chits and notice was issued on 10.10.2012. Challenging the said proceedings, Writ Petition No. 55497 of 2012 was filed which was allowed on 18.10.2012. Orders dated 24.9.2012, 9.10.2012 and the communication dated 10.10.2012 were quashed with a direction to the Assistant Registrar to remit the entire record to the State Government for decision, in accordance with the observations made in the order, under Section 3 (b) of the Act, 1860. The State Government was directed to decide the matter after giving an opportunity of hearing to the parties. It was observed in the judgment and order dated 18.10.2012 that the renewal of the society in the same name in favour of different persons was beyond the jurisdiction of the Assistant Registrar and he ought to have referred the matter to the State Government under Section 3 (b) of the Act, 1860.
(3.) THE State Government after hearing both the parties, vide order dated 9.5.2013 has held that the society bearing Registration No. I -5696 was registered after the dissolution of old society registered as I -518, on the basis of proceedings of the then committee of management and General Body of the said society. However, without cancellation of the registration of society No. I -5696, with the similar name, another society was registered with the record No. I -12944 and I -15319 which is against the provisions of Section 3(2)(a) of the Act, 1860. There was no justification to renew the society No. I -15319 by the Assistant Registrar. It was held that society No. I -5696 is valid for renewal under the provisions of the Act. The order dated 9.5.2013 passed by the State Government has been., challenged in writ petition Misc. Single No. 4014 of 2013 wherein notices were issued to the opposite parties. However, no interim order was granted. The writ petition is pending consideration before the Lucknow Bench of this Court.;