RAJIV SHARMA, J. - (1.) HEARD Dr. L.P. Misra, learned counsel for the petitioners, Sri Jaideep Narain Mathur, Addl. Advocate General and Sri Sandeep Dixit, who has put in appearance on behalf of opposite party no.4.
(2.) IN the instant writ petition, the petitioners have assailed the order dated 4.11.2008 passed by the Deputy Registrar, Firms, Societies and Chits, Lucknow, referring the matter to the Prescribed Authority under Section 25(1) of the Societies Registrar Act, 1860 inter-alia on the grounds that the provisions of Section 25(1) are applicable in the cases of election disputes whereas in the instant case, the office of President/Secretary and Manager of the College is not an elected office under the Bye-Laws of the Society; the impugned order has been passed in blatant disregard of the provisions of natural justice; and the order impugned is without jurisdiction. In short the facts of the case as averred in the writ petition are that the petitioner's Society i.e. the Board of Governors of Lucknow Christian College Society was registered on 25.1.1917 under the Societies Registration Act, 1860 and it was renewed from time to time. The last renewal was granted for a period of 5 years vide order dated 30.6.2006. The affairs of the Society as well as the colleges run and managed by the said Society are governed by the provisions of the Constitution of the Board of Governors/Memorandum of Association/Bye-laws of the Society. Under the Bye-laws of the Society, the Board of Governor is the Supreme Body. Under Clause III of the Bye-laws, the membership of the Board of Governors shall be of two classes; namely, ex-officio members and elected members. Board of Governors comprises of Chairman, Vice Chairman, Secretary and other members, the former three being its officers as provided under clause IV of the Bye-laws. The office of the Secretary of Board of Governors is to be held by the same person as President of Christian College, who in turn, is to be appointed by the Board of Governors under Clause V (6) of the Bye-laws. Officers of the Board of Governors as defined in Clause IV reads as under:- " Officers of the Board of Governors : (1) The Chairman : The Bishop having residential supervision of the Episcopal are in which the College is located shall be the Chairman. (2) The Vice-Chairman : The Vice-Chairman shall be nominated annually by the Chairman. (3) The Secretary and Executive Officer : The President of the college shall be the Secretary and Executive Officer."
(3.) CLAUSE IX(1) defines the Committee of Management as the authority to manage and conduct the affairs of the several academic units of the College which shall be responsible for properly running the said academic units in accordance with the rules and regulations of the Board of Governors of Lucknow Christian College.;