Sudhir Agarwal, J. - (1.) Aggrieved by order dated 26.08.2017 issued by Assistant Registrar, Firms, Societies and Chits, Teliyarganj, Mehdauri Colony, Allahabad (hereinafter referred to as the "Assistant Registrar") to the extent it has observed that issues raised by petitioner are not within the the purview of Section 4B of Societies Registration Act, 1860 (hereinafter referred to as "Act, 1860"), present writ petition has been filed challenging aforesaid order to that extent. Petitioner has also prayed for issue of a writ of certiorari for quashing resolution dated 17.01.2016, passed by Governing Council of Kayastha Pathshala, Prayag (hereinafter referred to as "Society") which was affirmed in the meeting of Governing Council dated 07.02.2016 and 27.03.2016 to the extent of removal of membership of petitioner from various offices held by him being past President and Honorary General Secretary as also the membership of General Body. Third prayer is for issue of a writ of mandamus directing Assistant Registrar to decide petitioner's application dated 28.02.2017, expeditiously.
(2.) Brief facts giving rise to present writ petition are that "Kayastha Pathshala Prayag, Allahabad" is a registered Society registered under Act, 1860 and constituted with an aim and object as contained in Bye laws/ Rules of Society. Basically the purpose is to impart education to various sections of Society in general and upliftment of Kayastha community in particular. Petitioner was enrolled as Member of General Body of Society, assigned Enrollment No. 2473, and his name was placed at Serial No. 740. When Society applied for renewal, it also communicated to Assistant Registrar about cancellation of Membership of petitioner, whereupon a notice was issued to petitioner by Assistant Registrar under Section 4 of Act, 1860 and Society was also directed to produce relevant record for verification and inquiry, whether petitioner's Membership was cancelled as per procedure prescribed under Bye laws.
(3.) On 17.01.2016, meeting of Governing Council was convened. Item No. 2 in the agenda related to letter dated 15.12.2015 sent by petitioner. Members present in the meeting took a view that language used in letter is contemptuous and derogatory to the Members of Election Tribunal and, therefore, deserves cancellation of petitioner's Membership under Clause 17(vi) of bye laws. Ultimately resolution was passed to cease Membership of petitioner. Minutes of meeting dated 17.01.2016 with regard to cessation of petitioner's Membership of Society was confirmed in the meeting dated 07.02.2016. The aforesaid minutes dated 17.01.2016 and 07.02.2016 were placed before Governing Council's meeting dated 27.03.2016 but no otherwise decision was taken. On receiving communication of aforesaid decision, Assistant Registrar issued notice dated 16.04.2016 requiring Society to place proceeding register, membership register, information register, counterfoil of membership receipt, cashbook, bank passbook and other report and documents relating to management of Society. Petitioner claims to have filed an objection raising various issues including about termination of his membership. The above objection was not decided and the matter remained pending before Assistant Registrar which caused filing of Writ Petition No. 53462 of 2016 by petitioner seeking following reliefs: "A. writ or direction in the nature of mandamus directing the Respondent no. 1 i.e. Registrar/ Assistant Registrar, Firms, Societies and Chits, Allahabad to decide the objections being registered as File No. 1, File No. 2, File No. 3 and File No. 4 raised against the Respondent no. 2 under Section 4, 12(d) and 24 of the Societies Registration Act, 1860. B. Any suitable writ, order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. C. To award cost of the writ petition to the Petitioner.";