JUDGMENT :

1. Heard learned counsel for the parties and perused the record.

2. This petition has been filed for quashing the order dated 25.02.2000 annexure no.18 to the writ petition passed by Deputy Registrar, Firms, Societies and Chits, Gorakhpur and also to issue direction to respondent no.1, Assistant Registrar, Firms, Societies and Chits, Gorakhpur to accept the amendment of the bye-laws as submitted by the petitioners and to file the same in his office and to take all action in accordance therewith.

3. In brief, facts of the case are that originally the aforesaid society was registered on 04.11.1955 with Registration No.283/1955-56 i.e. annexure no.1 to the writ petition. Petitioner no.2 was a member of the general body of the society and was also its Joint Secretary. The society has been constituted with the objective of establishing, running and managing eye hospitals and it has established an eye hospital at Gorakhpur city. The society does not receive any grant-in-aid from the State Government. The society has been established by a group of persons seeking public interest including private individuals and also persons holding different public offices at the relevant point of time. Memorandum of association dated 27.07.1955 is annexed as annexure no.2 to the writ petition. The registration of the society has been renewed from time to time and has lastly been renewed on 20.02.1996 for a period of five years from 10.10.1995. The certificate of renewal is annexed as annexure no.3. The memorandum of association and the bye-laws of the society were amended in 1996 and the same have been filed in the office of Assistant Registrar concerned which is annexed as annexure no.4 to this writ petition. Under the bye-laws several officers were ex officio to the society. Such officers had neither been participating in the meeting of the general body/committee of management of the society nor taking any interest in any work of the society and the eye hospital run by it. On account of such facts, repeated difficulties were felt in the smooth management of the society and the eye hospital run by it.

4. In view of the aforesaid facts and circumstances, a meeting of the general body of the society was convened for 05.09.1999 by means of an agenda notice dated 22.07.1999 that is annexure-5 to the writ petition. In the meeting of the general body a decision was taken at item no.4 resolving that the office bearers of the society should be elected by the general body and for amending the bye laws of the society for effectuating such purpose. It is annexure no.6 to the writ petition.

5. In view of that decision taken by the general body, a meeting of the executive committee was convened for 22.09.1999 by means of an agenda notice dated 06.09.1999. True copy of the agenda notice is annexure-7 to this writ petition. In the meeting of the executive committee held on 22.09.1999, the executive committee considered the proposal for amendment of the by-laws in exercise of powers conferred under bye-laws no.24(5) read with clauses 25 and 29 of the bye-laws. The executive committee considered and approved the proposed amendments to the bye-laws and authorized the petitioner no.2 Joint Secretary, to undertake further proceeding in pursuance of such decision. True copy of the proceeding of the executive committee dated 22.09.1999 is at annexure-8 to the writ petition. By means of an agenda notice dated 23.09.1999, a meeting of the general body was convened for 08.10.1999 for considering the aforesaid amendments to the bye-laws. Copy of the agenda notice dated 23.09.1999 is annexed as annexure-9 to the petition.

6. In the meeting of the general body held on 08.10.1999, the proposed amendments were considered and approved and the petitioner no.2 was authorized for convening a further meeting of the general body for getting such proceeding confirmed. True copy of the proceeding of the general body dated 08.10.1999 is annexed as annexure-10 to the petition. In a