- (1.) S. U. Khan, J. Heard learned Counsel for the parties.
(2.) THE question involved in this writ petition is as to whether respondent No. 3 Swami Abheyshwar Prapannacharya is President of the society known by the name of Brahmrishi Sri Devrahababa Surveshwar Kalyan Mahamandal (hereinafter referred to as Society ). The society is a registered society, copy of its bye-laws has been annexed as Annexure 3 to the writ petition. The objects of the society mentioned in Clause 3 of the bye-laws are predominantly religious and educational in nature. The area of the activities of the society mentioned in the bye-laws is quite large however it is basically related with Triveni Sangam Bandh (Allahabad) area. The society was basically founded by Sri Swami Surveshwar Prapannacharya Brahmchariji Maharaj who was a disciple of Devraha Baba a religious Guru. Under Clause 6 (1) of the bye- laws, he was made President for life with omnipotent powers (Survadhikari ). It is also provided under the said clause that the successor President should be Prapannacharya and his or Brahmrishi Sri Devrahababa's disciple and who must also have renounced the world (Viraktshish ). Under Clause 6 (1) Kha of the bye-laws, it was provided that any member of the founder committee could be removed by the President Swami Surveshwar Prapannacharya for doing anything against the interest of the society. The other office bearers of the founder committee were General Secretary, member of Mahila Kalyan Vibhag, Auditor (Aay Vyay Nirikshak), Sachetak and two other members. It is not disputed that petitioner was General Secretary and respondent No. 3 was Income and Expenditure Inspector. Respondent No. 3 was accused of kidnapping children for which FIR was lodged against him. Due to his involvement in criminal case of kidnapping, founder removed him from the post of Income and Expenditure Inspector. Thereafter founder President Swami Surveshwar Prapannacharya died on 24-2- 2005.
(3.) ACCORDING to the petitioner, after the death of the founding President, Sri Ram Prapannacharya was elected as President in accordance with bye-laws who was disciple of the founding President and had renounced the world. Respondent No. 3 mainly based his claim upon a letter dated 26- 5-2003 in which the founding President mentioned that respondent No. 3 was his disciple and successor. The allegation of the petitioner is that the words "he is my successor" were manipulated and inserted afterwards. Learned Counsel for the petitioner has further argued that the said letter was written so that it could benefit respondent No. 3 in his bail application as at that time he was in jail on the allegation of kidnapping of children. It appears that under Section 3-A of the Societies Registration Act, different lists of office bearers and members of the Executive Committee of the society were sent to the Assistant Registrar, Firms, Societies and Chits Allahabad. In one list respondent No. 3 was shown to be the President and in the other list Sri Ram Prapannacharya was shown to be the President. Accordingly, Assistant Registrar issued notice to both the parties, and after hearing both of them passed the impugned order dated 2-6- 2006 holding that respondent No. 3 was the valid President of the society. The said order has been challenged by the petitioner through this writ petition.;