O.P. Garg, J. - (1.) The dispute in these two writ petitions pertains to the constitution/substitution and recognition of a society registered under the Societies Registration Act. which runs SGM Inter College at Khairgarh, in district Firozabad. Sri H.N. Singh, appearing on behalf of the respondents urged that since both the writ petitions particularly the older one No. 6609 of 1994 have become infructuous, they may be dismissed. This submission was repelled by Sri Neeral Upadhyaya. Advocate, appearing on behalf of the petitioners. Since common questions of facts and law are involved in both the writ petitions, it is found feasible to decide them finally on merits by this common judgment.
(2.) A Society, with the name Of Mathur Vaishya Siksha Pracharini Sabha (for short, "Mathur Sabha") Khairgarh in district Mainpuri, which area now falls in district Firozabad, was registered under the Societies Registration Act on 16.9.1966. Bye-laws of the aforesaid society are contained in Annexure CA 1 to the counter-affidavit in Civil Misc. Writ No. 6202 of 1997, which are titled as 'Smriti Patra'. S/Sri Ram Gopa! Gupta, Ramesh Chandra and Ishwar Dayal Gupta and others belonging to Vaishya community were the founder members and office bearers of the society. A Junior High School was established which was run managed by the said society and this institution, presently known as SGM Inter College, in due course of time came to be upgraded. It is recognised and aided institution and the provisions of UP Intermediate Education Act, 1921 and Payment of Salaries Act. UP Act No. 24 of 1971, are applicable to it. Admittedly, the first Secretary/Manager of the society/Committee of Management was Ishwar Dayal Gupta. He continued to function as such for a number of years. Ishwar Dayal Gupta, Manager of the institution filed a writ petition No. 3485 of 1976 before this Court which was dismissed on the ground that he may take recourse to the alternative remedy of filing a suit. It appears that Ishwar Dayal Gupta did not file a suit but approached the Deputy Director of Education (for short, "DDE"), who rejected the claim of Ishwar Dayal Gupta and recognised Netra Pal Sharma as Manager of the Committee of Management. Netra Pal Sharma proposed the charge in the name of the society and applied for renewal of the certificate of registration of the society in the name of Krishak Siksha Pracharini Sabha (for short, "Krishak Sabha"). Ultimately, he was successful in getting the society registered with a changed name and the society was registered with the name of 'Krishak Sabha' In March 1979 for a period of two years w.e.f. 10.10.1977 to 10.10.1979. A dispute was raised by Ishwar Dayal Gupta before the Prescribed Authority under Section 25 of the Societies Registration Act. This petition was also dismissed by the Prescribed Authority on 21.5.1982. Thereafter, Ishwar Dayal Gupta and others filed a writ petition No. 9731 of 1982 challenging the registration of the society in the changed name of Krishak Sabha and recognition of Netra Pal Sharma and others as its members and office bearers. Before the decision in this writ petition, the Assistant Registrar, by invoking his jurisdiction under Section 12-D of the Societies Registration Act, cancelled the substitution of the name 'Krishak Sabha' for 'Mathur Sabha' by order, dated 20.5.1988. This order was also confirmed by the Commissioner of the Division in appeal on 16.5.1990. Both these orders came to be challenged by Netra Pal Sharma and others, who filed a writ petition in the name of Krishak Sabha. The said writ petition No. 14373 of 1990 decided on 19.4.1991. The orders, dated 20.5.1988 and 16.5.1990 passed respectively by the Assistant Registrar and the Commissioner of the Division were quashed by observing that during the pendency of the earlier writ petition No. 9731 of 1982, in which the substitution of the name of the society has been challenged, the aforesaid orders could not be passed by the Assistant Registrar or the Commissioner. The following observations, in pursuance of which writ petition No. 14373 of 1990 was dismissed, may be quoted for ready reference : "I am clearly of the opinion that in writ petition No. 9731 of 1982, the controversy involved for consideration is substantially the same, which the respondents were raising before the Assistant Registrar and since Hon'ble High Court itself is seized of the controversy, it was not proper for the Registrar to have decided on the said issue, particularly, if the Society was being renewed for the last 10 years with the changed name, there was no jurisdiction for the Registrar to have himself decided the said controversy in exercise of powers under Section 12-D of the Societies Registration Act. In the facts of the present case, the Registrar was not justified in taking a view that the name of the society was wrongly changed. In this view of the matter, I am clearly of the opinion that the order of the Assistant Registrar, dated 20.5.1988 and the order of the Commissioner, dated 16.5.1990 is vitiated in law and are liable to be set-aside. Accordingly. I allow the writ petition, set-aside the order of the Assistant Registrar, dated 20.5.1988 and the order of the Commissioner, dated 16.5.1990." The aforesaid order was challenged by Ishwar Dayal Gupta and others by filing Special Leave Petition No. 40891 of 1992 before Hon'ble Supreme Court. The said petition was dismissed on 9.3.1992 with the observation that the High Court is seized of the matter in writ petition No. 9731 of 1982. In course of time, the writ petition No. 9731 of 1982 was dismissed on 7.1.1993 as having become infructuous. A review petition was filed by Ishwar Dayal Gupta and others. By a detailed order, dated 26.4.1993, the review petition was rejected maintaining that the writ petition No. 9731 of 1982 has been rightly dismissed as having become infructuous.
(3.) Sri Virendra Tewari representing 'Krishak Sabha' applied for renewal of the certificate of registration. The matter remained pending for a considerable long time with the Assistant Registrar. He. therefore, filed a writ petition before this Court which was finally decided on 14.10.1993 with the direction that the Registrar shall pass appropriate orders after taking a decision in the matter within specified time. Ishwar Dayal Gupta was also making frantic efforts to get renewal of the society, made in the name of Mathur Sabha. A complaint was also made by Virendra Tewari on behalf of the Krishak Sabha to the Registrar, who sought a legal opinion in the matter. Senior Prosecuting Officer submitted his legal opinion on 10.11.1993 to the effect that substitution of the name of Krishak Sabha in place of Mathur Sabha has been done fraudulently and that under Section 12-D, registration in the name of Krishak Sabha is liable to be cancelled. Legal opinion, dated 10.11.1993 was accepted by the Registrar on 27.9.1979 on the basis of which the renewal certificates obtained by Virendra Tewari and Netra Pal Sharma in the name of Krishak Sabha for the years 1980, 1981 and 1985 were cancelled and the application for renewal moved by Ishwar Dayal Gupta in the name of Mathur Sabha was allowed. On 10.10.1990, the certificate was issued in the name of Mathur Sabha for a period of five years. Subsequently, on 11.10.1995, society had been registered again in the name of Mathur Sabha for a period of five years commencing from 10.10.1995. It is, thus, clear that the society at present stands registered in the name of Mathur Sabha and subsequently the Committee of Management of the institution, of which Ajai Kumar Gupta was manager came to be recognised and his signatures were attested. On the basis of the order passed by the Assistant Registrar, the DDE also allowed the change in the name of the society by order, dated 8.1.1997 meaning thereby it was held that Mathur Sabha is the recognised society under the aegis of which Committee of Management of the institution of which Ajai Kumar Gupta is the Manager is functioning.;