HEBBAR SREE VAISHNAVA SABHA Vs. G S YOGNARASIMHA

JUDGEMENT

(1.) SINCE the above two appeals arise from the same set of facts and against the common order passed by the learned single Judge in Writ Petition Nos. 5205 of 2006 and 1250 of 2007, dated 2. 7. 2007 the same are clubbed, heard together and disposed of by this common Judgment.

(2.) WE heard Sri P. S. Manjunath, learned Advocate appearing for the appellants in both the appeals, Sri Ganapathi S. Shastry, Advocate appearing for contesting respondent No. 1 in Writ Appeal No. 1996 of 2007 and Smt. Niloufer Akbar, learned Additional Government Advocate appearing for the District Registrar of Societies and Firms and perused the material on record.

(3.) BACKGROUND facts in a nutshell are as follows:-Questioning the legality and correctness of the amendment brought into the bye-laws of The Hebbar Sree Vaishnava Sabha' ('sabha' for short)in the General Body Meeting held on 31. 07. 2005, the contesting respondents, claiming to be the members of the 'sabha' filed two writ petitions inter alia contending that the very convening of the meeting on 31. 7. 2005 was not in accordance with the Rules; that the meeting notice which was said to have been dispatched to all the members was not accompanied by the proposed amendments and there was no occasion for the respondents-members to go through the proposed bye-laws and to have their say in the matter in the Special General Body Meeting; that the very issuance of notice and the proposal accepted by the Special General Body meeting is no nest in the eye of law; there is a material irregularity from the inception of the issuance of the notice and therefore, they sought for a writ of certiorari quash the Order dated 27. 9. 2005 passed by the District registrar of Societies and Firms, registering the amendment bye-law of the 'sabha'.