- (1.) R. N. Sharma, J. Smt. Gujrati Devi Singhal Mahila Vidyalaya, Fatehpur, Mau is a society (hereinafter referred to as the society), registered under Societies Registration Act, 1860 (hereinafter referred to as the Act ). As the renewal of the society was to expire in October, 1990, both Sri Vijai Bahadur Singh, the appellant No. 2 and Sai Vir Bahadur Singh, the respondent No. 2 filed applications for renewal of the registration of the society. The Assistant Registrar called upon both of them to appear before him on 18-12-1990 and to place the material in support of their respective claims. Both the parties appeared before the Registrar on the above date. The Registrar thereafter vide order dated 3-4-1991 renewed the registration of the society in favour of Sri Vir Bahadur Singh, respondent No, 2. Being aggrieved by it the appellant No. 2 along with the society and Sri Surendra Singh, its alleged President filed with petition No. 15281 of 1991 before this Court. This writ petition having been dismissed, they have filed this special appeal.
(2.) WE have beard the learned counsel for the parties. Appellants' writ petition has been dismissed on two grounds, namely, (i) the appellants did not question the claim of renewal of registration certifi cate of Sri Vir Bahadur Singh, respondent No. 2 ; (ii) the appellants have an alternative remedy of reference under Section 3-B of the Act. Both these grounds cannot be sustained for the reasons given below. From the record it is clear that both the appellant No. 2 and respondent No. 2 have made separate applications for renewal of the registra tion of the society. When two rival claimants have made separate applications, each claiming the renewal of the registration certificate of the society in his favour, the existence of rival applications constitute in essence the objection by one against the other. In such a case it is not necessary to file objections against the other. In such a case it is not necessary to file objection against the application of the rival applicants.
(3.) SECTION 3 of the Act provides for making an application for regis tration "by the Secretary of the Society on behalf of the persons subscribing to the memorandum". If such an application is complete in all respect, the society is liable to be registered, provided it is not covered by any of the clauses of sub- section (2) of SECTION 3. SECTION 3-A deals with the renewal of the registration certificate for which an application is required to be made to the Registrar within one month of the expiration of the period of the registration. Such an application is required to be accompanied by list of members of the managing body elected after the registration of the society or after the renewal of the registration certificate and also the certificate sought to be renewed. Although the application for registration of the society has to be made before the Registrar by the Secretary of the Society but there is no such provision in Section 3-A specifying the person who is entitled to move an application for renewal of the registration certificate. But it does not make such difference. A person, who is authorised to move application for regis tration of the society, will also have the right to move an application f-r re newal of its registration even if there is no express provision to that effect un less the bye-laws/rules of the Society provide otherwise. If the application for renewal has been made by the right person and the application is complete in all respect, the society is liable to be granted renewal of its registration certi ficate in Form IX prescribed by Rule 8 (2) of the Rules framed under the Act. Form IX does not contain any column requiring the renewal of the registration in the name of any person. Registration and its renewal are granted to the society and not a person, who moves the application. Registra tion certificate has to be renewed by the Registrar in favour of the society and not in favour of its office bearer or in favour of the person who has moved such an application. By the impugned order, dated 3-4-1991 the Assistant Registrar has renewed the registration certificate of the society in favour of respondent No. 2. Such an order is not contemplated under the Act and Rules framed thereunder.;