Sangeeta Chandra, J. - (1.) This writ petition has been filed by petitioner No. 1 through its Secretary Sunil Lal. Petitioner No. 2 is Sunil Lal himself and petitioner No. 3 is David S.K. Jai, Chairman/Treasurer of the Society. The petitioners pray for quashing of the order dated 03.12.2016 passed by Assistant Registrar, Firms, Societies and Chits, Jhansi Division, Jhansi with a further prayer for issuance of mandamus to restrain the office-bearers of the impugned list approved by the Assistant Registrar from interfering in the functioning of David S.K. Jai as Chairman/Treasurer and also to permit him to operate the bank account of the Society.
(2.) The facts relevant to the decision of the controversy that has emerged from the pleadings are, that the Field Council of Norwegian Evangelical Mission, Karvi, Chitrakoot (hereinafter to referred as "the Society") is a Society registered under the Societies Registration Act, 1860 (hereinafter to referred as "the Act of 1860"). The registered office of the Society is situated at Karwi, District Banda (now Chitrakoot). The Society has a Memorandum of Association and its own bye laws and Regulations. The Society was initially registered in October, 1974 with Ms. Aase Jorgensen as Chairman/Treasurer and Ms. Anna Marie Grothe as Vice Chairman, Philip Dass, Mrs. S.P. Bezaleel, R. Kristiansen, Samuel Jai, Miss. S. Dass and Mrs. A. Dass, a total of nine members. The Governing Body was constituted out of all these nine members and had five members in it initially. Ms. Aase Jorgensen was Superintendent of Mission and Chairman/Treasurer of the Society. Ms. Anna Marie Grothe was Manager of the School and Vice-Chairman. Shambhu Prasad Bezaleel was the Secretary. Philip Dass and Ms. S.P. Bezaleel were members of the Governing Body.
(3.) Under the Memorandum of Association the aims and objects of the Society were stated to be mainly setting up of charitable hospitals, dispensaries, medical relief vans, clinics and for establishing and maintaining chapels etc. and also rescue homes for the poor and the needy besides promoting the christian education by setting up schools for training christian candidates for ministry and to arrange their ordination. The Society was to get financial aid from Norwegian Evangelical Mission, Norway, in setting up its initial properties and the income of the Society derived from such properties was to be applied on a non profit basis solely for promotion of its objects set out in the Memorandum of Association.;