ARUN TANDON, J. - (1.) HEARD Sri Ashok Khare, Senior Advocate, assisted by Sri Ajay Bhanot, Advocate on behalf of the petitioner, Sri Shashi Nandan, Senior Advocate, assisted by Sri Manish Deo Singh, Advocate on behalf of the respondent No. 4, Sri W.H. Khan, Advocate on behalf of the respondent No. 5 and Learned Standing Counsel on behalf of the respondent Nos. 1 to 3.
(2.) SRI Sarveshwari Samooh, Varanasi is a society, duly registered under the Societies Registration Act,1860. The said society has its own registered bye-laws. The said society through its alleged President Baba Siddharth Gautam Ram as well as its alleged Secretary Sri Udai Bhan Singh has filed this writ petition against an order dated 3rd January, 2005 passed by the Registrar, Firms, Societies and Chits, Lucknow, whereby he has held that Sri S.P. Singh and Sri Gurupad Sambhav Ram are the Secretary and President of the society respectively. By the said order he has also rejected the complaint made by Sri Uday Bhan Singh dated 31st February, 2004. The relevant facts for the purpose of deciding the present writ petition are that the aforesaid society was registered in the year 1961 under Societies Registration Act,1860. The founder of the society, namely, Sri Baba Bhagwan Ram continued, as such, till he attained 'Samadhi' on 29th November, 1992.
(3.) ON behalf of the petitioner it is contended that on the strength of the will executed by Sri Baba Bhagwan Ram the petitioner No. 2, namely, Sri Baba Siddharth Gautam Ram assumed the office of the President of the society. One Sri S.P. Singh respondent No. 4 in the present writ petition initiated proceedings being Original Suit No. 265 of 1993 with the relief of permanent injunction to restrain the defendants including the present petitioner from interfering in the functioning of Sri S.P. Singh as the office bearer of the society and in the effective and legal control of the affairs of the said society. The application for temporary injunction filed in the said suit by the plaintiff, Sri S.P. Singh, was rejected by the trial Court. Feeling aggrieved by the aforesaid order of the trial Court, S.P. Singh filed First Appeal From Order (FAFO) No. 718 of 1993 before this Court. The Hon'ble High Court decided the said appeal on 8th October, 1993 recording a finding that the petitioner No. 2, Sri Baba Siddhartha Gautam Ram was actual and legal President of the society. It was further directed that the affairs of the society shall be managed in accordance with the registered bye-laws by Sri Baba Siddhartha Gautam Ram as the president. The order of this Court dated 8th October, 1993 has also been upheld by the Hon'ble Supreme Court vide judgment and order dated 28th January, 1994. In such circumstances, it is claimed that the petitioner No. 2 continued to exercise all the powers of the President of the society.;