H.L.Gokhale, C.J. and Ashok Bhushan, J. - (1.) 1. Heard Mr. R.C. Dwivedi in support of these appeals and Mr. K.Sahi appears for the respondents.
(2.) All these appeals seek to challenge the common order passed by learned Single Judge on 29th September, 2005 whereby the learned Single Judge has allowed the writ petitions and interfered with the amended bye-laws on the basis of which election to the Committee of Management of a degree college was held in the year 2003.
(3.) What has happened in all these matters is that the original bye-laws of the concerned society provided that if any amendment is to be brought about to the bye-laws of the society necessary resolution must be passed with 3/4 majority and a notice of at least one month ought to be given to the members of the society. In the present case, it is not disputed that the concerned Committee of Management came into power on 12th April, 1998 and it brought about an amendment on 3rd May, 1998, which is obviously within one month from the date on which it came into power. It is clear that no notice of one month was given before the amendment was brought about. The original bye-laws provided that the managing committee will consist of not less than 15 and not more than 24 members but the number was brought down to 9. Thereafter an election was held in the year 2003 on the basis of this amended bye-laws.;