- (1.) HEARD Sri Dhruva Narayan, learned counsel for the petitioner, Sri Ashok Khare, learned senior counsel for the respondent Nos. 1 and 2 and learned standing counsel for the respondent Nos. 3 to 5.
(2.) THE petitioner claims himself to be a trustee of the society, namely, Vidya Bal Mandli, Meerut. According to the petitioner, the bye-laws as existing prior to the impugned amendments categorically provided for the constitution of the board of management in terms of the bye-laws, copy whereof is annexure-2 to the writ petition. According to the petitioner the very constitution of the board of management under Clause-7 of the bye-laws is invalid and not in accordance with the same and, therefore, an illegally constituted board of management has no authority to propose any amendment or take any action on behalf of the society. Sri Dhruva Narayan has taken the court through Clause-7 read with Clause-5 of the bye-laws to contend that there are four categories of members and these four categories, in proportion to their ratio as defined under Clause-7 are entitled to be included for the purpose of constituting the board of management. It has been stated by the petitioner in paragraph 5 to 8 of the writ petition that the board of management firstly lacks representation of the respective categories and further the board, which is currently functioning, having not been constituted lawfully, is not entitled to carry out the amendments.
(3.) IT is for this purpose that objections were raised by the petitioner before the Registrar Firms, Societies and Chits, Lucknow who vide order dated 15th November, 2011 directed the Assistant Registrar, Saharanpur to make an inquiry into the said allegations and to submit a report within one month.;