- (1.) Being aggrieved against the order dated 30/06/1992 passed by Assistant Registrar. Societies, the petitioners claiming (sic) themselves to have been invalid as members of Guru Nanak Educational Society, Faizabad, have filed this petition. By means of the aforesaid impugned order dated 30/06/1992, the Assistant Registrar declared the meeting held on 5-5-1992 and 12-5-1992 as invalid, mainly on the ground that in the meeting held on 3-5-1992, which was adjourned to 5-5-1992 only two persons attended the meeting and the quorum was not complete. Seven days prior notice, which is the mandatory requirement of holding such a meeting, in accordance with the bye-laws, was not given, to every member in accordance with the rules. The necessary quorum for meeting of the management committee was five members, which was not there in the meeting held on 3-5-1992 and 5-5-1992. Only two persons admittedly participated in the meeting on 3-5-1992, and they adjourned the meeting for 5th of May, 1992. On 5/05/1992, only two persons participated in the meeting and they approved the enrolment of 19 members as new members.
(2.) Later on the remaining members, of the management committee, of the institution, who according to them, had no knowledge about the said meeting, approached the Registrar, Societies for declaring the said meeting illegal, as a result of which the Registrar declared the said meetings illegal. Thereafter all the 19 new enrolled members filed the present writ petition.
(3.) It was contended on behalf of Sri B. K. Shukla, counsel of the petitioner, that the general body of the said society which runs the institution Guru Nanak Bal Vidya Mandir, consisted at the relevant time of 9 members. The management committee of the said society also consisted of 9 members. One member had gone to Punjab and was not available at the relevant time. Sardar Mohan Singh who was the Secretary of the Management Committee had resigned and his resignation was accepted. Hence at the relevant time there were only 7 members. A notice for the meeting was issued on 18-4-1992 by Sri Darshan Singh for six members, only, as one member had accepted the notice personally. No notice was required to be given to the member who had gone to Punjab and no notice was required to be given to Sri Mohan Singh, who had resigned from Secretaryship of the Committee of Management. He also drew the attention of this Court that the notices to 5 persons were sent through certificate of posting. Admittedly two persons namely Sarvashri Darshan Singh and Jagat Singh participated into the meeting on 3/05/1992, but as the requirement of 50% persons attendance in the meeting as provided under the bye-laws was not there, the meeting was adjourned to 5/05/1992. On that date, two persons Sarvashri Darshan Singh and Jagat Singh participated into the meeting and the meeting passed a resolution to admit 19 persons as new members, who are the petitioners to this writ petition.;