RAJAN ROY, J. - (1.) CHALLENGE herein is to the validity of the order dated 07.02.2015 passed by the Deputy Registrar Firms, Societies and Chits, Lucknow. The question involved is as to whether he has exceeded his powers under Section 4 of the Societies Registration Act 1860 (hereinafter referred to as the Act 1860). The applicability of the pronouncement of the Supreme Court in the case of Vinod Kumar M. Malviya and others Vs. Magan Lal Mangaldas Gameti and others, 2013 15 SCC 394, to the facts of the present case is also in issue. The factual matrix of the case is as under: Petitioner no. 1 is a society under the name and style 'Christ Church McConaghy School Society, Lucknow' which was established and registered under the Societies Registration Act, 1860 in the year 1947. As per recitals contained in the bye -laws of the petitioner -society it was formed, inter alia, to give christian education and opportunities for teaching, witness and worship according to the faith, doctrine and practices of the Church of India, Burma and Ceylon, and more specially to the Christian staff and students (hereinafter referred to as CIBC). As per bylaw 49 the Constitution, in order that Canons and Rules of the Church of India, Burma and Ceylon and the Constitution, Rules and Regulations of the Diocese of Lucknow may be properly safeguarded, none of the proceedings or acts of the Society shall be valid without the assent of the Bishop of Lucknow for the time being. Bye -law 3 refers to the ex -officio members who were to constitute the first Managing Committee of the society and were to continue in office until the first general meeting of the society. As per bye -law 8 the Managing Committee which was to manage the business and affairs of the society was to comprise not less than 5 and not more than 12 members elected by the society at annual meeting. At least 3 members of the Managing Committee were to be ex -officio. Bye -law 4 refers to 3 classes of membership i.e. Life Members, Ordinary Members and Honorary Members. As per bye -laws 10 and 15 the office bearers of the society shall be a Chairman, a Vice Chairman, a Secretary and a Treasurer and these shall be elected from among the members of the society at the annual general meeting of the society, The other members of the Managing Committee shall also be elected at the annual meeting of the society. Nevertheless the Bishop of Lucknow, if willing to act, shall always be the Chairman of the Society. Otherwise the Chairman shall be elected by the general meeting of the Society.
(2.) AFTER creation of Pakistan the erstwhile CIBC became Church of India, Pakistan, Burma and Ceylon (hereinafter referred to as CIPBC) but no such amendment was made in the bylaws of the society which continued to refer CIBC.
(3.) IN the year 1970 six churches including the erstwhile churches of India, Burma and Ceylon merged into an entity, namely the Church of Northern India. Petitioner no. 2 and his associates indisputably are followers of the Church of North India and opposite party no. 3 i.e. rival claimant is the follower of the church of CIBC (the erstwhile church of India) and he is the Bishop of Lucknow Diocese. It is not in dispute that ever since the formation of Church of North India the petitioner no. 1 -society is in the control and management of the members of the Church of North India. This fact is admitted by opposite party no. 3 in his application dated 14.08.2014. In the year 2003 the opposite party no. 3 filed a suit for declaration and permanent injunction claiming himself to be Arch Deacoan of Lucknow and Attorney Holder of Indian Church Trustees, in the court of Civil Judge (Senior Division), Lucknow, which was registered as Regular Suit No. 104 of 2003, seeking a declaration that all the properties in dispute mentioned in schedule no. 1 to the plaint are the properties of the plaintiff and the defendants have got no right, title and interest in the same, as also a permanent injunction for restraining the defendants, their officers, members or any other person claiming or acting on behalf of the defendants from interfering into the enjoyment of the properties of the plaintiff indicated in schedule no. 1 to the plaint and also from alienating these properties in any manner whatsoever. The Church of North India Trust Association and Moderator of Church of North India Trust Association were the defendants in the said suit. Schedule 1 to the said plaint was in fact 2nd schedule to the Indian Church Act, 1927 wherein Christ Church was mentioned as a Church under Diocese of Lucknow and Saint Thomas Church of Gonda was also mentioned.;