- (1.) Heard Shri R.K. Ojha, learned Senior Advocate assisted by Shri Ankush Tandon, learned counsel for the petitioner, Shri Ashok Khare, learned Senior Advocate assisted by Shri Amit Singh, learned counsel for the respondent no.3 and learned Standing Counsel for respondent nos. 1 and 3.
(2.) The writ petition is directed against the order dated 14.1.2015 passed by the Deputy Registrar, respondent no.2, cancelling its earlier order dated 2.6.2014, whereby amendments in Byelaws of the societies have been approved.
(3.) There is a society in the name of Khairabad Eye Hospital, registered on 28.11.2010. The affairs of the society are governed by the registered Byelaws. An application was filed by Dr. Manish Mahendra dated 26.11.2014 that the alleged amendment in the Byelaws carried out and approved on 2.6.2014 were based on false and fabricated documents. The matter was examined by the Deputy Registrar and the order dated 14.1.2015 was passed. The Deputy Registrar has held that the meeting dated 27.3.2014 wherein amendments alleged to have been carried out was an invalid meeting. There was violation of provision of the registered Byelaws. While holding the alleged meeting illegal it was held that the resolution dated 27.3.2014 was passed by way of Circulation and in fact there was no meeting at all. The quoram was not complete for holding meeting for making amendment in the Byelaws of the society. Out of 27 members only 16 members had signed the resolution whereas requirement of passing amendment was by 67% members of the General Body of the Society. Dr. Manish Mahendra was the Director on 27.3.2014 but he was not made aware of the alleged meeting of the General Body of the society. In fact there was no meeting at all. The minutes of the meeting dated 27.3.2014 were fabricated and placed before the Deputy Registrar under section 4(A) of the Societies Registration Act.;