BHARATI Sapru,j. - (1.) This writ petition has been filed against the order dated 10-12-2004 passed by the Administrator appointed by this Court in two Special Appeals No. 703 of 2004 and 513 of 2004. These are the second innings, which are being fought by 15 persons who sought to be made members of the Society known as Kanyakubja Education Trust situated at Kanpur (hereinafter referred to as the Trust ).
(2.) BY the impugned order dated 10-12-2004, the Administrator had come to the conclusion that induction of 15 members to the Trust should not be granted approval. The facts of the case are that Trust is a Society registered under the provisions of Societies Registration Act, 1860. Clause 3 of the Rules of the Society provides for membership, which is reproduced below: "3. Constitution - (a) The membership of the Trust will be open to all persons without distinction of caste or creed who pay Rs. 500/- (Rupees five hundred) at least to qualify themselves for membership of the Trust. Each case of membership will have to be approved by the Board of Trustees. " In addition to the aforesaid lump sum of Rs. 500 each member of the Board of Trustees will be required to pay monthly subscription of Rs. 3 per month. " Clause 3 (d) of the Rules provides that the office bearers of the Trust shall be elected by the Board of Trustees for a period of four years. Clause 3 (g) provides for persons who would not be eligible for the membership of the Board of Trustees. Thus a cumulative reading of the provisions of the Rules and the Constitution of the Trust, which is appended as Annexure 1 to the writ petition, provide as to who can be inducted as member of the Trust and what he ought to do to be duly admitted into the Trust.
(3.) ON 10-6-1999 the last elections to constitute the Board of Trustees was held and therefore, its life was in operation till 9-6-2003 that is for a period of four years under the Rules. The present story begins from 31-5-2002 when according to the petitioners, Board of Trustees held a meeting on 31-5-2002 and resolved to enroll fresh members. It is the allegations of the petitioners No. 1 to 14 and one Sri Dayal Saran Awasthi that in the meeting dated 31-5-2002, they were inducted as members of the said Trust by majority of the six members, out of the Board of Trustees numbering 11 in total.;