- (1.) This petition was called for admission before this Court on 23rd March, 2015 and thereafter on 26th March, 2015 when it was posted for final disposal with the consent of parties. On 26th March, 2015 this Court recorded that the Counsel for the respondents gave up their right to file a counter-affidavit and consented to proceed for a final disposal of the writ petition itself. They reserved their right to file an affidavit bringing on record any further material or documentation that may be required for this purpose. Pursuant to the said liberty, the said respondents have filed a short affidavit which was taken on record. But first the brief facts. On or about 11.9.2013, one Mr. Mohd. Aslam Shamsi, the family patriarch, constituted a Trust called the Indian-Al-Muslima Welfare Charitable Trust. This Trust was admittedly registered under the Societies Registration Act, 1860. This body hereinafter for the sake of brevity shall be referred to as the "Trust/Society". From the affidavit filed on behalf of the contesting respondents and more particularly from the documents appended as Annexures SCA-2 and SCA-3 thereof it appears that the original memorandum of the Trust/Society underwent certain changes. While Annexure-1 to the writ petition mentions 5 persons as being the founder Trustees and designates the offices held by them in the Trust/Society, the document filed alongwith the affidavit of the respondents mentions the Founder Trustees to be 9. The memorandum appended to the writ petition mentions the petitioner Nos. 1 and 2 at Serial Nos. 3 and 5 of the list of Founder Trustees and as per the recitals contained therein designates them as the Secretary and Treasurer respectively, it does not carry the name of the respondent No. 4 who was also the son of the founder namely Mohd. Aslam Shamsi. It is also relevant to note here that while the name of the respondent No. 4 is absent from the name of the Founder Trustees in the document appearing at page 35 of the writ petition, his name stands included at serial No. 9 of the list of Founder Trustees in the document appended at page 16 of the affidavit of the respondents. Curiously however, the Memorandum of Association appended with the affidavit of the respondents is a replica of Annexure-1 to the writ petition and does not carry the name of the respondent No. 4 and mentions the name of the original 5 persons including the petitioner Nos. 1 and 2 as the Founder Trustees.
(2.) One of the primary objects of the Trust/Society and as mentioned in its memorandum was to establish, promote, and operate in Uttar Pradesh, and also the Union of India, school, colleges and Technical institutions of high standard. It appears that it was pursuant to and in implementation of the said purpose that Muslima Girls Degree College, Moradabad came to be established. The Muslima Girls Degree College, Moradabad was also separately registered under the provisions of the Act, 1860 and shall for the purposes of convenience hereinafter be referred to as the "College/Society". As per Clause 5 of the memorandum of the said College/Society, the members of the first Managing Committee stood mentioned therein. It is not disputed by the learned Counsel for the respective parties that neither the petitioner No. 1 nor the petitioner No. 2 nor the respondent No. 4 were members of the Committee of Management of the College. What is submitted is that all three were members of the General Body of the College/Society.
(3.) The memorandum of the College/Society significantly under Clause 4(s) thereof records that the society would work under the registered Trust namely, Indian A1 Muslima Welfare Charitable Trust, Moradabad or in other words the Trust/Society. The constitution of the College/Society then goes on to record that Shri Mohd. Aslam, who was the founder of College/Society would be the life member of the said society. It further records that he would not be liable to deposit any membership fee as he had donated the land upon which the institution was to be established. The other clause of significant importance relates to the office of President and provides that the President will always be elected from the family of the founder of the institution namely Shri Mohd Aslam. The two other clauses of seminal importance and upon which most of the arguments of the learned Counsel for parties converged are Clauses 7(a) arid 7(3) and the same being relevant for the purposes of resolution of this writ petition are set forth herein below: "7 Parts of the Institution (A) General Body (B) Managing Committee Duties of General Body (a) To elect the office bearers and members of the Governing Body. 7 (3) Governing Body/Managing Committee: The Governing Body shall consist of the following office bearers and executive members: 1. President. 2. Vice-President. 3. Manager/Secretary. 4. Joint Manager/Joint Secretary. 5. Treasurer. 6. Executive Members (Five). There will be ten members in the present Governing Body which can be extended upto fifteen in future. Out of which five members will be office bearers and five executive members. The General Body will elect the executive members and they will elect the Office Bearers. Filling of casual vacancy: In case any casual vacancy is created in the managing committee due to the resignation or death of any member or for any other reason the same shall be filled up by the Governing Body by Co-Option for the unexpired term of the members from respective categories";