B. D. Agarwal, J. - - (1.) MADARSA-Mazahir-Uloom, Saharanpur, (hereinafter referred to as the MADARSA) is an ancient institution founded in the year 1966. The Head of the Institution is known as the Nazim. The governing body is the Majlise-Shura. There are various properties under waqfs dedicated to the Almighty and attached to the MADARSA. The Nazim is also the Mutawalli under the waqfs which are registered with the U. P. Sunni Central Board of Waqfs.
(2.) ON 29th March, 1985, the respondent nos. 2 to 8 applied under Section 3 of the Societies Registration Act, 1860 (Act 21 of 1860) (as amended) (hereinafter referred to as the Act) for registration of the society designated as the Madarsa-Mazahir-Uloom, Saharanpur. The Memorandum and the Article of Association submitted are Annexures 3 and 4 to the writ petition respectively. The objects of the Society specified in the Memorandum, as transliterated into English, with the aid of counsel for the parties are :- (A) Providing free education about the teachings of Islam through Arabic language that is Holi Quran, Commentry of Quarn and Hadish, Islamic Jurisprudence, Islamic faith and preachings to all the Muslims of the world and also to promote the teachings of Prophet Mohammad. (B) Other branches of knowledges, Arts etc. uch as are necessary for the advancement of Arabic Language and religious purposes and imparting free formal requisite knowledge of Persian, Urdu and other languages and for achieving the aims and objects of the Madarsa establishing a library. " Objections were raised by the petitioners and others to the aforementioned application on grounds principally that the soeiety is religious in character and could not be registered and also that there being dedication to God there could be no inter-meddling with the same in its management or otherwise. The Assistant Registrar, Firms, Society and Chits, U. P. has nonetheless registered the Society on 18th October, 1985. Feeling aggrieved, the petitioners filed this petition under Article 226 of the Constitution on 29th October, 1985, seeking the writ of certiorari to quash the order for registration dated 18th October, 1985, and the certificate issued in pursuance thereof dated 19th October, 1985, and also writ, order or direction in the nature of mandamus directing the respondents not to interfere with the functioning of the petitioner no. 1 as the Nazim.
(3.) THE contentions raised by Sri Sudhir Chandra, counsel for the petitioners, are : (i) THE registration directed by the Assistant Registrar is ultra vires his powers keeping in view section 3-B of the Act ; (ii) the objects, and, in any case, one of the objects being religious, the society could not be registered, vide section 3 (2) (c) ; (iii) the provisions contained in the U. P. Muslim Waqfs Act, 1960, are self-contained in regard to the superintendence, management and control of waqf property and there could not be imposition over the same of the Society. Sri S. P. Gupta, learned counsel for the respondents, sought to defend the registration with the submissions : (i) the objects of the Soeiety even if religious are charitable none-the- less ; (ii) the management by the Society over the affairs of the Madarsa will not be in conflict with the control of the Sunni Board over the waqfs ; (iii) There is no bar arising under section 3-B in view of what is provided under section 3 (2) (c) of the Act. ;