ASHWANI KUMAR MISHRA, J. - (1.) THESE bunch of four writ petitions have been nominated to this court by the order of Hon'ble the Chief Justice dated 23.2.2015. With the consent of learned counsel appearing for the parties, all the writ petitions have been heard together and are being disposed of by this common judgment.
(2.) SRI Parankush Rashtriya Sewa Ashram, Pure Noti, Babuganj, Pratapgarh, is a society, (hereinafter referred to as 'society') which got registered under the provisions of Societies Registration Act, 1860, on 3.3.1960. This society has established an educational institution in the name of Sri Parankush Sanskrit Mahavidyalaya, Pure Noti, Babuganj, Pratapgarh, which is affiliated to Sampurnanand Sanskrit Vishwavidyalaya, Varanasi. The society has its memorandum of association and bye -laws, which regulates it. Fourth Schedule of the bye -laws of the society specifies Sri Parasnath Shankar Dayal Tripathi, Pure Noti, Babuganj, Pratapgarh, as its sansthapak (founder). Clause 1 to 6 and 9 of the Fourth Schedule is relevant for the present purposes and is thus reproduced: -
(3.) SRI Parasnath Shankar Dayal Tripathi, the named sansthapak, is stated to have died on 22.8.2004. The dispute, in the present bunch of writ petitions, pertains to appointment of the successor, upon the death of original sansthapak, as well as the registration of list of office bearers of the society. Another facet of dispute is an alleged amendment in Fourth Schedule, deleting reference of sansthapak from the bye -laws. Third Schedule of the bye -laws provides for amendment in the bye -laws of society. As per its scheme, Second and Third Schedule of the bye -laws are not open to any amendment, but other provisions could be amended in the manner specified. Third Schedule of the bye -laws, providing such contingency, is reproduced: -;