Sudhir Saxena, J. - (1.) THIS writ petition under Section 226 of the Constitution of India has been filed challenging order dated 01.11.2011 passed by Deputy Registrar, Faizabad Division, Faizabad rejecting petitioners' application to proceed under Section 13 -A of the Societies Registration Act, 1860 [as applicable to the State of Uttar Pradesh] (hereinafter referred to as 'the Act') and approving the resolutions dated 19.06.2009 and 10.08.2009, whereby petitioner no. 2 was expelled. Petitioners have also challenged the resolution dated 10.08.2009 on the ground that petitioner no. 2 has been expelled, without giving any opportunity of hearing etc.
(2.) BRIEFLY stated petitioners' case is that, Nirmal Singh (petitioner No. 2) was founder member of the general body of society and was duly elected to the post of Manager and Treasurer of the Society in the election held on 22.08.2004. In the election held on 20.12.2008, petitioner no. 2 was again elected as Manager and Treasurer for the next term. Private respondent no. 4 (Ram Ratan Lal Rajgarhia) and his son want to capture the property of Mani Mandir Sewa Nyas Samiti, a registered society and eye hospital being run by the Society. Strength of general body in the society is twelve. Society is also running a hospital at Ayodhya, District -Faizabad namely, Ayodhya Eye Hospital. Petitioner no. 2 was also Manager and Treasurer of the Eye Hospital. Sri Ram Ratan Lal Rajgarhia is very influential person. His son Ashok Rajgarhia took Rs. 7,00,000/ - from the eye hospital illegally. By non -speaking and unauthorized order dated 19.06.2009, Sri Ram Ratan Lal Rajgarhia removed petitioner no. 2 from the post of Manager and Treasurer of the Society. Said order is against the bye -laws of the society.
(3.) AN FIR was lodged against Nirmal Singh (petitioner no. 2) and he was removed from the Society in collusion with the Deputy Registrar, Firms, Societies and Chits, Faizabad. Resolution dated 10.08.2009 has been passed expelling petitioner no. 2, without providing opportunity of hearing or show cause notice, as such, same is non est in the eyes of law. Sri Ram Ratan Lal Rajgarhia lodged an FIR against petitioner no. 2 under Sections 409, 467, 468, 419 & 420 IPC in which petitioner no. 2 was bailed out. Petitioner no. 2 has improved the hospital by his hard work and labour as a result, eye hospital has become very famous in the area, under the President -ship of Late Smt. Chandra Mani Devi. New President of the eye hospital is trying to capture the same and harm petitioner no. 2. Order removing petitioner no. 2 is illegal and violative of principles of natural justice etc.;