Sudhir Narain J. - (1.) This writ petition is directed against the order dated 17.6.1996 passed by Assistant Registrar, Firms, Societies and Chits. Azamgarh, respondent No. 1, whereby he issued renewal certificate of registration of the society in favour of Chandra Bhushan Dubey respondent No. 2.
(2.) Bhartiya Vidyalaya Sabha is a registered society under the Societies Registration Act, 1860. It runs the institution known as Bhartiya Uchchatar Madhyamik Vidyalaya, Sultanpur Dariyaoganj, Jaunpur (hereinafter referred to as the institution). The last election of Committee of Management of the society in question was held on 3.7.1993 in which Chandra Bhushan Dubey, respondent No. 2 was elected as President and Ghanshyam Tiwari, petitioner No. 2 was elected as Manager of the society as well as the Committee of Management of the institution. The period of the renewal of the society was to expire on 9. 10. 1995. Petitioner No. 2 applied for renewal of the society in question on 7. 10. 1995 submitting the list of 64 members. Respondent No. 2, the President of the Society, also filed application for renewal of the society before the Assistant Registrar, Firms, Societies and Chits, Azamgarh, respondent No. 1. Petitioner No. 2 filed objection to the application filed by respondent No. 2 and respondent No. 2 also died objection against the application filed by petitioner No. 2.
(3.) There were two controversies raised before respondent No. 1. Petitioner No. 2 stated that a resolution was passed by the general body on 18.6.1995 and 44 new members of the society were enrolled. This was disputed by respondent No. 2. It was contended that enrolment of new members was invalid. The second controversy was as to whether petitioner No. 2 had been removed by the members of the society from the membership in a meeting alleged to have been held on 24th September, 1995. Respondent No. 1, by his order dated 17. 6. 1996 held that the enrolment of 44 members by petitioner No. 2 was invalid. As regards the removal of petitioner No. 2 from the membership in the meeting held on 24. 9. 1995 was also invalid. The renewal certificate was issued in the name of respondent No. 2 as President of the Society. This order has been challenged by the petitioners in this petition.;