B. Amit Sthalekar, J. - (1.) Heard Shri C.B. Pandey, learned counsel for the petitioners, Shri Balram Yadav, learned counsel for the respondent no. 4 and the learned standing counsel for the respondents no. 1 to 3. The petitioners in the writ petition are seeking quashing of the order dated 29.8.2011 passed by the Deputy Registrar, Firms Societies and Chits, Faizabad Region, Faizabad rejecting the complaint of petitioner and ordering renewal of the tenure of the respondent no. 4.
(2.) Briefly stated the facts of the case are that the petitioner no. 1 claims to be the Committee of Management of Kedar Nath Shikshan Sansthan Songaon Tehsil Akbarpur District Ambedkar Nagar and the petitioner no. 2 is the Manager of the said Committee of Management. The Society Kedar Nath Junior High School Songaon was registered on 9.11977 under the provisions of Societies Registration Act, 1860. It is stated that the respondent no. 4-Smt. Girija Singh was inducted as member of the Society on 30.8.2001. Just before that in the year 2000 name of the Institution was changed to Kedar Nath Shikshan Sansthan. An application for renewal of the Society was submitted by the respondent no. 4 and on 9.12005 the same was allowed and the registration of the Society was renewed. On 30.5.2004 the respondent no. 4 was elected as the President of the Society for the remaining tenure upon the death of the incumbent President late Ram Kumar Tripathi. The petitioner no. 2 filed a complaint before the Deputy Registrar, Societies alleging that the respondent no. 4 had obtained renewal of the Society by practicing fraud. It was alleged that she was elected as President of the Society on 30.5.2004 upon the death of incumbent President Late Ram Kumar Tripathi but in the documents submitted for renewal from 2000-01 onwards she showed herself to be the President. The second allegation was that the signature alleged to be that of the petitioner no. 2 on the documents dated 7.1.2008 alleged by the respondent no. 4 and in the proceedings no. 27 dated 28.12007 also the signature of Dr. Sunder Lal Tripathi and Late Hari Govind Shukla were changed. Even in the proceedings no. 24 dated 15.7.2007 the signatures alleged to be that of the petitioner no. 2 was changed. In the list of Committee for the year 2005-06 the signature of Shri Jagram, member was shown by committing forgery. In the condolence resolution dated 11.7.2005 also the signature shown is forged by her. Even the signatures in the general body meeting were obtained by fraud and forgery. Even for the purposes of amendment of Rules of Kedarnath Sikshan Sansthan, the list of members have been shown as /rd by using whitener in the original documents. In this complaint of the petitioner no. 2 dated 111.2010, Annexure-6 to the writ petition, the respondent no. 4 filed her reply dated 13.1.2011 denying the various allegations made therein. The petitioner then filed another reply dated 5.5.2012, Annexure-8 to the writ petition, and thereafter the Deputy Registrar, Societies Firms and Chits passed the impugned order dated 29.8.2011 rejecting the contention of the petitioners and granting renewal to the Society of the respondent no. 4.
(3.) Learned counsel for the petitioner has drawn the attention of the court to the documents filed as Annexure-2 and 3, filed Colly, and submits that in these documents the respondent no. 4 has shown herself to be the President of the Society for the year 2000- 01, 2001-02, 2002-03, 2003-04 and 2004-05. He further submits that in the list of members of the Committee of Management the total number of the persons shown is only 11 whereas the total membership of the Society is required to be 15 members including one President, one Vice President, one Manager, one Dy. Manager, one Secretary, one Dy. Secretary, one Finance Secretary, one Accountant whereas the list submitted by the respondent no. 4 shows only 11 members and there also the respondent no. 4 is shown as the President although she had not been elected President till the year 2004. It is also alleged that in these years the number of the members of the Committee of Management was 17 as per the list of members submitted by the petitioners as per the documents filed at pages 30, 31,32,33,34,43,44,45,46 and 17 and 19 members in the governing body as shown at page 48,49,50,51 and 18 members have been shown at page 52.;