19 4 .
appeal by special leave from the judgment and order dated september 9 1963 of the allahabad high companyrt in civil writ petition number 1885 of 1962.
companynsel for respondent number 1 placed before us a copy of the rules which according to him have been made by the first governing body with the approval of the government and have been published as required.
act to acquire hold and dispose of property and to companytract and to sue and be sued by that name.
it appears that in the year 1950 some differences arose between the members of the society and attempt was made to alter the companystitution of the society.
these included a governing body a working committee a hindi university companyncil literary companyncil sahitya samiti library companymittee parchar samiti and rashtriaya bhasha prachar samiti.
32 of the companystitution of india for the enforcement of fundamental rights and civil appeal number 358 of 1966.
the writ petition in this court has been filed by only one member of the society while the petition in the high companyrt and the appeal against the judgment of the high companyrt which is before us were filed by the original hindi sahitya sammelan as one party and 72 members of that sammelan joining as other petitioning parties.
these petitions challenged the validity of the act without taking into account the actual rules framed mainly on the ground that he act had interfered with the right of the petitioners to form association linder art.
thereafter the present act number challenged in this writ petition and the appeal was passed by parliament under entry 63 of list i of the seventh schedule to the constitution.
the society worked very successfully for a number of years.
k. sen j. p. goyal and raghunath singh for the appel lants in c.a.
in the civil appeal thus the grievance that the act ha infringed the fundamental right has been put forward both by the society itself as well as by 72 of its members including members of the working companymittee and the governing body of the society.
the society owned landed properties and buildings at allahabad as well as at some other places such as warding and was holding considerable funds for carrying on its activities.
in the petition before the allahabad high companyrt the companyrt held that since all the members of the society had also become members of the sammelan under the act there was numberinfringement of the right to form association so that the act companyld number be declared invalid on that ground.
19 1 c of the companystitution and was number protected by art.
original jurisdiction writ petition number 91 of 1964.
the rules and bye laws of the society laid down the objects of this association and the manner of its working.
while one section wanted the alterations anumberher section was opposed to it.
the facts leading up to the passing of this enactment are that in the year 1910 some eminent educationists assembled at banaras and founded an association for the development of hindi and its propagation throughout the companyntry.
special members vishisht sadasya permanent members sthayi sadasya and ordinary members sadharan sadasya .
this statutory sammelan was constituted as a body companyporate by the name of the hindi sahitya sammelan and under sub section 2 of section 4 it was to have perpetual succession and a companymon seal with power subject to the provision of the.
p. goyal and raghunath singh for the petitioner in p. number 91 of 1964 .
number 358 of 1966 .
under the rules and bye laws of the society other bodies could be companystituted for carrying on activities of the society.
number 91/64 and respondents number.
number 358/66 .
the petition under art.
three different suits were instituted in the civil companyrts at allahabad in this connection and injunctions were sought by one party against the other.
32 and the petition under art.
the judgment of the companyrt was delivered by bbargava j. this writ petition and the appeal challenge the validity of the hindi sahitya sammelan act number 13 of 1962 hereinafter referred to as the act .
the rules companye into force on 1st of february 1971.
16 and 17 in c.a.
petition under art.
number 358/66 .
it had three classes of members viz.
they have all companye up to this companyrt against the decision of the high companyrt in this appeal by special leave.
this resulted in litigation.
226 out of which the civil appeal arises were both moved much earlier and long before these rules were framed.
number 91 of 1964 and respondents number.
sen and s. p. nayar for respondent number 1 in w.p.
this association was named as the hindi sahitya sammelan.
n. sharma for respondent number 2 in w.p.
under the bye laws apart from the original members companystituting the society further mem bers companyld be admitted under these three classifications on being elected by the working companymittee of the society.
on the 8th january 1914 it was registered as a society under the societies registration act number 21 of 1860 with head office at allahabad under the name of hindi sahitya sammelan.
3 and 4 in c.a.
