- (1.) We are in respectful agreement with the reasoning given and the order passed by Hon'ble Mr. Justice Rajes Kumar on the 14th of July, 2006. Our present order will govern the fate of all four writ applications, all of which were disposed of by his Lordship by the said impugned order. The centre of the controversy is the validity or otherwise of the order passed by the Assistant Registrar on the 6th of February, 2001. The subsequent orders were all made expressly subject to the decision to be given in writ petition No. 8032 of 2001, and that writ petition was filed by the respondents before us challenging the said order of the Assistant Registrar. The said order was in respect of the removal of two members of the Society, being the two Dubey's. Mr. Khare's client, supporting the appeal, submitted that those two persons, who were the writ petitioners 2 and 3 in the said writ petition No. 8032 of 2001, were not conducting the affairs of the Society property and as such, the Managing Committee removed them by a no confidence motion being passed to that effect on the 13th of August, 2000. Their further case is that this removal was vetted by the General Body, which met on the very same day at 11:00 a.m. It is not disputed between the parties that for the purpose of removal, it is essential that a decision be given by the General Body purpose of removal, it is essential that a decision be given by the General Body and that a mere reference to the General Body by the Manging Committee approving of such no confidence of removal is not by itself enough.
(2.) The crux of this case is that we have searched and searched again, but every time in vain, for any solid and indisputable material, which would bear out the fact that the General Body did in fact approve the removal of the two Dubeys's. A material in this regard is absolutely essential, especially in the background of the circumstances that the control of the Society is still being carried on by, amongst others, these two Dubey's and this has continued for the last five years.
(3.) In the impugned order of 6.2.2001, however, the Assistant Registrar mentions in two places that the removal by the Manging Committee has been ratified by the General Body.;