V.M Sahai, J. - (1.) This intra Court special appeal has been filed challenging the judgement of the learned single judge dated 16.4.2010 passed in Civil Misc. Writ Petition No. 9598 of 2010.
(2.) We have heard Shri Ashok Khare learned senior counsel assisted by Shri Siddharth Khare and Shri H.R. Misra learned senior counsel assisted by Shri K.V. Singh for the appellants, Shri T.P. Singh learned senior counsel assisted by Shri Prabhakar Awasthi for respondent No. 4, Shri Shailendra learned counsel appearing for the respondent No. 5 and standing counsel appearing for the respondent Nos. 1 to 3. We have not issued notice to respondent No. 6 as he is already a party to this appeal in his official capacity as respondent No. 3 and the allegation of mala fide against him has not been argued by the counsel for the appellants. The parties have exchanged affidavits. Counsels for the parties have agreed that this appeal be decided finally at the admission stage. With the consent of the learned counsels for the parties we have taken up this appeal for final disposal. We have heard counsels for the parties at length.
(3.) Before adverting to rival submissions made by learned counsel for the parties it is necessary to narrate, in brief, the factual background of the case in which the Assistant Registrar, Firms, Chits and Societies, Allahabad (in brief the Assistant Registrar) has issued notices to the appellants. We have divided the facts under seven sub-heads : (1) history of the Society, (2) unamended Rules 1952, (3) amendments made on 28.5.2007 in Rules, Constitution, and Bye-laws and its comparative chart with 1952 Rules, Constitution, and Bye-laws, (4) properties of the Society, (5) facts from records of the proceedings of the Governing Body, Agenda and Annual General Meeting of the Society produced by the appellants, (6) facts from the old records produced by the appellants, (7) complaints made by the respondents before the Assistant Registrar. Facts of the Case;