- (1.) Rajendra Kumar Agarwal, has preferred present Special Appeal against the judgment and order dated 28.10.2015 passed in Civil Misc. Writ Petition No. 14947 of 2014 (Anand Swarup Agarwal (Manav) v/s. The State of U.P. and others) wherein Learned Single Judge has proceeded to disposed of the writ petition by holding the amendment of the bye laws to be invalid.
(2.) Brief facts giving rise to the instant Special Appeal are that a registered trust deed was prepared on 17.10.2001 with the name and style Ganga Ram Dharmarth Nyas, Mohalla Katra Mandi Dhanaura, district J.P. Nagar (Amroha) in which petitioner and late Brij Mohan Saran Agarwal were founder trustee. It was registered on 18.10.2001 through late Brij Mohan Saran Agarwal (since deceased). The trust has been created by the petitioner and his co -trustee late Brij Mohan Saran Agarwal by contributing sum of Rs. 51,000/ - each. It has further been submitted that the petitioner being founder trustee, donated Rs. 15,00,000/ - by cheque and more than Rs. 15,00,000/ - by cash to the trust for establishment of college and nearly about Rs. 6,00,000/ - yearly was donated to the college run and managed by society of the trust for payment of salary of the teaching and non -teaching staff. It has also been submitted that late Brij Mohan Saran Agarwal and other trustee of his group had donated Rs. 11,31,000/ - to the trust. The object of the trust inter alia was to extend help to the poor and the needy persons and also provide education and health care to the poor persons and for achieving the aims and objects of the trust an educational society has been constituted in the name and style of Sri Ganga Ram Shiksha Samiti, Mandi Dhanaura, district J.P. Nagar (Amroha) by the petitioner and another founder trustee late Brij Mohan Saran Agarwal. Said society has been registered under Societies Registration Act, 1860 with the Assistant Registrar Firms Societies and Chits, Moradabad on 05.04.2002. The society in question has its own bye laws and as per the bye laws of the societies in all 13 trustees of the trust to be there and it has also been provided for the constitution of the Managing Committee of 8 members including 5 office bearers to be elected by the General Body of the Society. Under the bye laws of the society, the tenure of the Managing Committee of the society has not at all been provided for and it proceeds to take note of the fact that vacancy in question shall be filled up by the General Body of the Society by the majority of 2/3rd of its members.
(3.) Record in question reflects that election dated 15.12.2009 has been set up and papers were transmitted to the Assistant Registrar Firms Societies and Chits, Moradabad and the Assistant Registrar Firms Societies and Chits, Moradabad on receiving of the said papers in question proceeded to pass order on 27.08.2011 wherein Assistant Registrar Firms Societies and Chits, Moradabad, proceeded to exercise and invoke its authority vested under Sec. 25(2) of the Act, and thereafter election programme has been notified on 30.08.2011 and election has been held. Said order of the Assistant Registrar Firms Societies and Chits, Moradabad passed under Sec. 25(2) of the Societies Registration Act, and as well as consequential election programme dated 30.11.2011 has been subject matter of challenge in Civil Misc. Writ Petition No. 55045 of 2011 (Anand Swaroop Agarwal v/s. State of U.P. and others) and the said matter remained pending before the Court. Further facts that are emanating that during the pendency of the aforesaid writ petition bye laws of the society has been sought to be amended vide resolution dated 28.03.2012 and after amendment in question has been carried out same has been registered by the Assistant Registrar Firms Societies and Chits, Moradabad on 12.09.2013.;