( 1 ) HEARD the learned Counsel for the petitioners and the learned Counsel for the respondents.

( 2 ) BOTH the Counsel agreed to dispose of the main writ petition itself.

( 3 ) THE learned Counsel for the petitioners submits that the petitioners are the members of Madina Educational Society, Mahaboobnagar, a Muslim Minority institution with the aims and objectives to impart education to the children and youth of the country with an aim to make them good citizens etc. It is stated that the Society is running the educational institutions. It is stated that on invitation of the Executive Committee all the petitioners were enrolled as members of the said Society in the Executive Committee Meeting held on 8-3-1998 as per the resolution adopted in the said meeting. It was unanimously resolved to admit the petitioners as the members of the Madina Educational Society, Mahaboobnagar. The said meeting was attended by the members of the Executive Committee. All the members paid the fee as per the requisition for one year and for ail practical purposes the petitioners were enrolled as members of the Society. The respondents, who were present in the meeting, later on changed their mind at the instigation of third parties and with mala fide intention, they filed a civil suit in OS No. 55/98 for declaration that the petitioners are not the members of the Madina Educational Society, Mahaboobnagar and for perpetual injunction restraining them from claiming to be the members of the said Society or from interfering in the affairs of the said Society in any manner.

( 4 ) THE learned Counsel for the petitioners submits that on the basis of Section 11 of the Societies Registration Act, only the District Judge has the jurisdiction to entertain the suit and not the Junior Civil Judge, Mahaboobnagar, as such, there is inherent or total lack of jurisdiction; as such a writ of prohibition be issued prohibiting the respondent No. 4 from proceeding further with the pending suit in OS No. 55/98.

( 5 ) MR. K. Mahipathy Rao, learned Counsel appearing for the respondents 1 to 3 submits that the petitioners are not the members of the said Society. Relying on Rule 3 of the Rules and Regulations of Madina Educational Society, Mahaboobnagar, which has been filed in the material papers, he submits that, membership will be on invitation by the Executive Committee of the Society in the interest of the Society and Rule 6 defines the Executive Committee and its functions. The petitioners were made members of the Society on 8-3-1998. He submits that the Executive Committee has not invited the petitioners and has not accepted them as members. He relies on the extracts of the proceedings of the meeting of the Society which was held on 8-3-1998 and in the said meeting, members 4, 5, 6, 7, 9, 11, 12 and 14 have opposed the proposals of taking new members to the Society of which the respondents No. 1 to 3 are the members referred to at 5, 6, and 7; as such their membership is not in accordance with the rules and there cannot be the members of the said Society and as such, approached the Junior Civil Judge Mahaboobnagar in OS No. 55/98 for declaration and injunction. He relies on the material papers filed, a certified copy of the proceedings of the meeting of the Society held on 8-3-1998 is filed, which evidences that the respondents 1 and 2 opposed the proposal for taking the new members of the Society.

( 6 ) MOHD. Osman Shaheed, learned Counsel for the petitioners submits that a copy of the extract of the minutes, which has been filed in material papers at page No. 25, is not correct. It does not reflect the entire proceedings and it is unsigned. He further submits that the President has not signed on the said proceedings.

( 7 ) IN the above inter se allegations between the parties it is significant to note that the petitioners do not dispute the membership of the respondents 1 to 3 of the Society, but respondents 1 to 3 dispute the membership of the pet