BHARATI SAPRU, J. - (1.) THIS writ petition was filed in the year 1997 against an order dated 11.11.1997 (Annexure 11 to the writ petition) passed by the Assistant Registrar, Firms, Societies and Chits under the Societies Registration Act, 1860, by which he came to the conclusion that the meetings held by the petitioner Society on 5.3.1996 and 31.3.1996 were bad and the amendment in the rules made by the petitioner by virtue of resolutions passed in the meetings dated 5.3.1996 and 31.3.1996 were also bad.
(2.) THE facts of the case are that the petitioner, which is a registered society had 56 members in 1997. The petitioner sought to make changes in their rules by which they wanted to introduce a rule that the election would be held in the petitioner society after every five years. The unamended rules did not contain any stipulation with regard to the period when the elections should have been held. The petitioner society, therefore, according to its own version held meetings on 5.3.1996 and 31.3.1996 and approved and changed the rules and introduced new rules that elections would be held in every five years. Learned Counsel for the petitioner society has argued that under Section 4-A changes in the rules are to be intimated to the Registrar and only intimation thereof is required. According to him, no approval is to be sought under the said section.
(3.) SIX members of the said society who according to the petitioner were not there and have been ousted earlier filed a complaint that the meetings held on 5.3.1996 and finally approved on 31.3.1996 were fictitious and bad and so-caued meeting was nothing but a fraud upon every member of the society who were not even present when the alleged meeting took place.;