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Swarandip Singh Ratra Vs. the Registrar, Co-operative Societies, Delhi and ors. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtDelhi High Court
Decided On
Case NumberCivil Writ Appeal No. 331 of 1974
Judge
Reported inILR1974Delhi692
ActsDelhi Co-operative Societies Act, 1972 - Sections 29 and 54; Delhi Co-operative Societies Act, 1972 - Rule 54
AppellantSwarandip Singh Ratra
RespondentThe Registrar, Co-operative Societies, Delhi and ors.
Advocates: Daljit Singh and; S.N. Kumar, Advs
Cases ReferredWestern India Theatres Ltd. v. Municipal Corporation of
Excerpt:
(i) delhi co-operative societies act (1972) - section 29 and delhi co-operative societies rules 1973 - rule 54 -- construction of -election of members of managing committee of a co-operative society whether can be held only in an annual general meeting.; that the clear and unambiguous language of the rule is that without prejudice to the provisions of section 29, the general meeting alone shall have the powers to transact the business of election of members of the managing committee, other than the nominated members. the exception made by the proviso is in respect of an interim vacancy which may be filled up by co-option by the remaining members of the managing committee till election is held. it cannot, thereforee, be said that the election of the members of the managing committee of a.....jagjit singh, j. (1) this writ petition is on behalf of shri swarandip singh ratra, a member of the friends central government employees cooperative house building society ltd. (to be hereinafter reffered to as 'the society'.)(2) the main relief claimed by the petitioner is that a notice dated march 6, 1974 issued in respect of elections to the managing committee of the society should be quashed. he also wants directions to be issued to the register of the co-operative societies (respondent no. 1) to call an annual general meeting of the society under section 29 of the delhi co-operative societies act, 1972 and to perform his functions under section 32 of the said act for supersession of the present managing committee of the society.(3) it may be stated that the society was registered on.....
Judgment:

Jagjit Singh, J.

(1) This writ petition is on behalf of Shri Swarandip Singh Ratra, a member of the Friends Central Government Employees Cooperative House Building Society Ltd. (to be hereinafter reffered to as 'the Society'.)

(2) The main relief claimed by the petitioner is that a notice dated March 6, 1974 issued in respect of elections to the managing committee of the Society should be quashed. He also wants directions to be issued to the Register of the co-operative Societies (respondent No. 1) to call an annual general meeting of the Society under section 29 of the Delhi Co-operative Societies Act, 1972 and to perform his functions under section 32 of the said Act for supersession of the present managing committee of the society.

(3) It may be stated that the Society was registered on March 27, 1976 under the Bombay Co-operative Societies Act, 1925, as it then applied to the Union territory of Delhi. On the coming into force of the Delhi Co-operative Societies Act, 1972 (hereinafter called 'the Act') the co-operative societies registered under the Bombay Co-operative Societies Act were deemed to be registered under the corresponding provisions of the Act. It is, thereforee, undisputed that the Society has to be regarded to be registered under the Act and the provisions of the Act and the Delhi Co-operative Societies Rules, 1973 (to be hereinafter referred to for facility of reference as 'the Rules') are applicable to it.

(4) Section 2(b) of the Act defines 'committee' to mean the governing body of a co-operative society, by whatever name called, to which the management of the aflairs of the society is entrusted. The bye-law of the Society with which we are concerned in this case provide for a managing committee of not less than seven and not more than eleven members of the Society over the age of 21, including a President and one or more Vice-President.

(5) Prior to the issue of the impugned notice elections to the managing committee of the Society were held in April 1970. About August 1973 some members of the Society represented to the Registrar Co-operative Societies, Delhi, that as the elections were overdue so a date for the elections may be fixed and a returning officer may be appointed, who may issue notices for elections, call for nomination papers according to the bye-laws, hold elections and preside over the general body meeting to be held for holding the elections. The petitioner himself submitted such a representation on August 21, 1973 in which it was stated that he was attaching a petition from sixty members of the Society for holding elections. He as well mentioned therein that previously also a petition signed by sixty-four members requesting for the holding of elections had been submitted.

(6) On September 17, 1973 a requisition under section 30(1) of the Act, issued by the office of the Registrar Of the Co-operative Societies and signed by Shri B. S. Misra, Assistant Registrar (Housing), was sent to the President of the Society. By that requisition the Society was called upon to elect a new managing committee by strictly following the provisions of the Act and the Rules. It was mentioned that if no agenda was issued by the Society within fifteen days it would be presumed that the managing committee was not willing to call a special general meeting of the Society.

(7) As no special general meeting of the Society was called within on month after the receipt of the requisition, Shri P. C. Kumar, Joint Registrar of the Co-operative Societies made an order, on October 22, 1973, appointing Shri O. P. Sharma, Inspector Cooperative Societies (Headquarters), Housing Section, to call a special general meeting of the society for holding elections. The fixing of the time and the date for holding elections was left to Shri Sharma. This order purported to have been made under provisions of sub-section (2) of section 30 of the Act.

(8) Shri O. P. Sharma (respondent No. 2) issued a notice dated January 28, 1974 calling a special general meeting of the Society for February 10, 1974. The election programme to be observed was as well specified therein. The said notice was, however, cencelled on February 7, 1974 as the place where the meeting was to be held could not be made available for that date. Thereafter a notice dated March 6, 1974 was issued fixing the special general meeting of the Society for March 17, 1974 in the New Delhi Municipal Committee Auditorium Hall, Parliament Street, New Delhi. A modified election programme was given in the notice according to which nomination papers could be filed on the 11th and 12th March 1974 between 10 a.m. to 1 p.m., scrutiny of nomination papers was to take place on the 12th March from 2 p.m. to 4 p.m.; withdrawals of nomination papers were to be allowed between 10 a.m. to 1 p.m. on the 13th and voting was to take place on the 17th March, 1974 between 10 a.m. to 2 p.m.

(9) Copies of the notice dated March 6, 1974, for holding the elections, were sent by post under certificate of posting, to the members of the Society, including the petitioner. That was done on March 7, 1974. Admittedly the petitioner filed nomination papers with a view to contest election to the managing committee. On March 14, 1974. however, the present writ petition was filed by him on the allegations that the notice dated March 6, 1974 was illegal as it purported to have been issued under section 30 of the Act while elections to the managing committee can be held only in an annual general meeting called under section 29 of the Act of which fourteen clear days notice is given to the members. It was also averred that Shri I .S. Ujwal (respondent No. 4.) at present President of the managing committee had ceased to be a member as he had acquired a house in Delhi and that the action taken by Shri O. P. Sharma in calling a special general meeting of the Society for March 17, 1974 was mala fide and was actuated by a desire to help Shri Ujwal in again getting elected although he had ceased to be a member of the Society. Against the Registrar of the Co-operative Societies (respondent No. 1) it was alleged that he had failed to discharge his duties under the law and had allowed illegal and invalid acts of Shri O. P. Sharma to take effect. It was further averred that the Registrar of the Co-operative Societies had failed to consider various complaints about default and negligence on the part of the present managing committee and that he ought to have taken action for suspension of the managing committee under section 32 of the Act.

(10) It would be appropriate to refer to some of the provisions of the Act and the Rules which are relevant for purposes of this case.

(11) Section 29 of the Act is as follows:-

'29.Annual general meeting .-(1) Every co-operative society shall, within a period of six months next after the date fixed for making-up its accounts for the year under the rules for the time being in force, call a general meeting of its members for the purpose of:-

(A)approval of the programme of the activities of the society prepared by the committee for the ensuing year;

(B)election, if any, of the members of the committee other than nominated members subject to the provisions of Section 31:

(C)consideration of the audit report and the annual report:

(D)disposal of the net profits; and

(E)consideration of any other matter which may be brought forward in accordance with the bye-laws :

PROVIDED that the Registrar may, by general or special order, extend the period for holding such meeting for a further period not exceeding three month. PROVIDEDfurther that, if in the opinion of the Registrar no such extension is necessary, or such meeting is not called by the society within the extended period, if any, granted by him, the Registrar or any person authorised by him may call such meeting in the manner prescribed, and that meeting shall be deemed to be a general meeting duly called by the society; and the Registrar may order that the expenditure incurred in calling such a meeting shall be paid out of the funds of the society or by such person or persons who, in the opinion of the Registrar, were responsible for the refusal or failure to convene the general meeting.

(2)At every annual general meeting of a co-operative society, the committee shall lay before the society statement showing the details of the loans, if any, given to any of the members of the committee during the preceding year.'

SECTION 30 pertains to special general meeting. Sub-section (1) of section 30 provides that the committee of a co-operative society may, at any time, call a special general meeting of the society and shall call such meeting within one month after the receipt of a requisition in writing from the Registrar or from such number of members or a proportion of the total number of members, as may be provided in the bye-laws, Sub-section (2) of section 30 is in the following terms:-

'(2)If a special general meeting of a co-operative society is not called in accordance with the requisition referred to in subsection ( 1 ), the Registrar or any person authorised by him in this behalf shall have the power to call such meeting and that meeting shall be deemed to be a meeting called by the committee, and the Registrar may order that the expenditure incurred in calling such a meeting shall be paid out of the funds of the society or by any such person or persons who, in this opinion of the Registrar, were responsible for the refusal or failure to convene the special general meeting.'

(12) In section 2(m) of the Act definition of Registrar has been given. As defined 'Registrar' means a person appointed to performs the functions of the Registrar of Co-operative Societies under the Act, and includes any person appointed to assist the Registrar when exercising all or any of the powers of the Registrar. Section 3 of the Act empowers the Lt. Governor to appoint a person to be Registrar of Co-operative Societies for the Union territory of Delhi and to appoint other persons to assist the Registrar. Under sub-section (2) of section 3 the Lt. Governor may, by general or special order, confer on any person appointed to assist the Registrar all or any of the powers of the Registrar under the Act. Further sub-section (3) of section 3 provides that every person appointed to assist the Registrar shall exercise the powers conferred on him under sub-section (2) subject to the general guidance, superintendence and control of the Registrar.

(13) In the Rules chapter Iv has the heading 'Management of Co-operative Societies' and comprises of rules 42 to 66. Rule 51 relates to general meetings and sub-rule (1) is to the effect that without prejudice to the provisions of sections 29 and 30 of the Act, the meetings which shall be convened by a co-operative society of its general body shall be :-

(A)preliminary general meetings;

(B)annual general meeting; and

(C)special general meeting.

(14) SUB-RULE (4) of rule 51 provides that a requisition for a special general meeting to be convened under section 30 shall state the object of the meeting, time and date of the meeting, and shall be signed by the members or the Registrar, as the case may be, and shall be sent to the registered office of the society. On receipt of the requisition it is required to be considered by the committee of the society so that the special general meeting is either convened by it or its Secretary is directed to convene the special general meeting. The said sub-rule also provides that at the special general meeting 'no business other than that specified in the notice shall be transacted'.

(15) Rule 54 of the Rules reads as follows :- '54. Powers of Annual General Meeting :-

(1)Without prejudice to the provisions of section 29, the general Meeting alone shall have the powers to transact the following business:-

(A)fixing the maximum credit limit of a co-operative society subject to the approval of the Registrar.

(B)election, suspension and removal of members of the committee other than the nominated members.

PROVIDED that aninterim vacancy of the committee may be filled up by Co-option by the remaining members of the committee till the election is held.'

(16) Further under rule 56 annual general meeting of a co-operative society may be called by giving not less than 14 days notice in writing and a special general meeting may be called by giving not less than seven days notice in writing. When a general meeting is called under the proviso to sub-section (1) of section 29 or in pursuance of sub-section (2) of section 30 the Registrar has the power to determine the period of notice for such meeting. Sub-rule (4) of rule 56 in terms provides:-

'(4)Notice of every general meeting of a co-operative society shall be given to every member of the society either personally or by sending it by post to him at Ms registered address in the Union territory of Delhi, or if he has no registered address in Delhi to the address, if any, out of Delhi supplied by him to the society for giving notices to him. Where the notice is sent by post, service thereof shall be deemed to be effected after the expiry of forty-eight hours after the letter containing the notice is posted by properly addressing, prepaying and posting it, provided that where a member has intimated to the society in advance that notice of a general meeting should be sent him by registered post with or without acknowledgement due and has deposited or has given undertaking to deposit with the society a sum sufficient to defray the expenses of doing so, the service of the notice shall not be deemed unless it is sent by registered post.'

SUB-RULE(5) of role 56 contains aprovision that accidental omission in the opinion of the Registrar to give notice or non-receipt of notice by any member shall not invalidate the proceedings at the general meeting.

(17) The contentions raised on behalf of the petitioner by his learned counsel, Shri Daljit Singh, were that elections to the managing committee of the Society could only be held in an annual general meeting convened under section 29 of the Act after giving notice of not less than 14 days. In the alternative it was submitted that even if elections to the managing committee could be held in a special general meeting then the meeting convened for March 17, 1974 could not be regarded as a special general meeting under section 30 of the Act. Objection was as well raised that the petitioner did not get a notice of seven clear days as the notice posted to him was actually received on March 11, 1974. Lastly the action taken by Shri O. P. Sharma and the failure of the Registrar to intervene were alleged to be mala fide.

(18) Under section 29 of the Act every co-operative society is required, with in a period of six months next after the date fixed for making up its accounts for the year under the rules for the time being in force, to call a general meeting of its members for the purposes specified in sub-rule (1) thereof, including election, if any, of the members of the managing committee. It is, however, not necessary that election of members of the managing committee of a co-operative society should only be held in an annual general meeting in which a statement is laid before the co-operative society concerned showing the details of the loans, if any, given to any of the members of the managing committee during the preceding year. This would also be clear from rule 51 of the rules under which election of members of the managing committee of a co-operative society can even be held in the preliminary general meeting.

(19) The learned counsel for the petitioner referred to the marginal note of rule 54 in support of his argument that elections to the managing committee of a co-operative society can only be held in an annual general meeting. The marginal note of the rule is 'Powers of Annual General Meeting'.

(20) Reliance was also sought to be placed on a decision reported as Malhar Stone Lino Co. Ltd; Calcutta v. State of Vindhya Pradesh and another A. I. R. 1956 Vind Prad 46. In that case the learned Judicial Commissioner Vindhya Pradesh held that headings prefixed to section or sets of sections in some modem statutes are regarded an preambles to those sections and are not merely marginal notes. The heading of Chapter Iv of the Rules is 'Management of Co-operative Societies' and the marginal note of rule 54 can by no stretch of imagination be regarded as the heading. In M/s. Durrakur Coal Co. Ltd. v. The Union of India and others : [1962]1SCR44 it was even laid down by the Supreme Court that where the language of an Act is clear, the preamble must be disregarded.

(21) It was further observed that courts cannot start with the preamble for construing the provisions of an Act, though they would be justified in resorting to it, may they will be required to do so, if they find that the language used is ambiguous or is too general though in point of fact it was intended that it should have a limited application. Regarding marginal note their Lordships of the Supreme Court held in Western India Theatres Ltd. v. Municipal Corporation of the City of Poona : AIR1959SC586 that it cannot effect the construction of the language used in the body of a section if it is otherwise clear and unambiguous.

(22) Rule 54 has already been reproduced in an earlier portion of this judgment. We do not find any ambiguity in the language of the said rule and, thereforee, no help can be taken for the construction of its language from its marginal note. In the absence of any ambiguity even if the marginal note of the rule can somehow be regarded as the heading or the preamble still it will not be possible to take any assistance from it for purposes of construction of the rule.

(23) As may have been noticed the language used in rule 54 does not indicate that the business of election of members of a managing committee of a co-operative society is to be transacted only in an annual general meeting. The clear and unambiguous language of the rule is that without prejudice to the provisions of section 29, the general meeting alone shall have the powers to transact the business of election of members of the managing committee other than the nominated members. The exception made by the proviso is in respect of an interim vacancy which may be filled up by co-option by the remaining members of the managing committee till the election is held. It cannot, thereforee, be said that election of the members of the managing committee of a co-operative society can be held only in an annual general meeting. Of course such election has to be held in a general meeting of the members of the co-operative society concerned. That general meeting may be either preliminary general meeting, annual general meeting or special general meeting.

(24) It has next to be considered whether the meeting called for March 17, 1974 could legally be regarded as a special general meeting, as contemplated by section 30 of the Act, for the purpose of holding election of members of the managing committee of the Society.

(25) With an affidavit filed by the petitioner himself he attached copies of two notifications. By these notifications dated May 26, 1973 the Lt. Governor had appointed Shri P. C. Kumar as the Joint Registrar and some other persons as Deputy Registrars and Assistant Registrars to assist the Registrar of the Co-operative Societies in the discharge of his duties and functions under the Act and the Rules; and under sub-section (2) of section 3 of the Act read with sub-rule (2) of rule 3 of the Rules conferred upon Shri P. C. Kumar all the powers of the Registrar under the Act and the Rule, Shri P. C. Kumar, Joint-Registrar, could, thereforee, exercise all the powers of the Registrar under the Act and the rules.

(26) As the petitioner and the other members were agitating for holding election of members of the Managing committee of the Society, the Joint Registrar, by his order dated September 10, 1973 approved issue of a requisition to the Society calling upon it to call a special general meeting for purposes of election. Shri B. S. Misra, Assistant Registrar, signed the requisition only to give effect to the orders of the Joint Registrar. A copy of the nothings in that connection was produced on behalf of the Registrar of the Co-operative Societies. 'The relevant portion was as under :-

'P.U. C. Deputy No. 1855, dated 20-8-1973: P.U.C. received from Shri S. S. Ratra member of the Society. It is stated that he submitted a petition enclosing signature for 64 members of the above mentioned society and requested to hold election and general body meeting of the society according to the bye-laws by your returning offices who should Issue notices of elecrions. The last elections of the society was held in April, 1972. Further, he is requested to appoint a returning officer and fixed the date of elections.

SUBMITTEDplease.

sd/-

RAMRIKH

5-9-1973.

INSPECtor(H. Drs.)

(27) We may ask the society to call a general body meeting for election U/s. 30(1) of the Delhi Co-operative Societies Act, 1973. D. F. A put up. The representation require the inspector to conduct its elections but it is possible when the society does not call.

sd/-

O.P.SHARMA

5-9-73.

'YESplease.'

sd/-

P.C. KUMAR

A.B.C.S(H)

10-9-73

J.R. C. S.

'PUTup fair after JRCS's approval.

sd/-

B.S. MISRA.

10-9-73

J.R. C. S.

sd/-

P.C. KUMAR.

10-9-73

FAIRsigned and may issue

sd/-

B.S. MISRA.

A.R. C. S. (H)

14-9-73.'

(28) As the managing committee of the Society did not call a special general meeting within one month of the receipt of the requisition in writing, it was within the powers of the Registrar or the Joint-Registrar, who was exercising all the functions of the Registrar, to call a special general meeting or to authorise any person in this behalf for calling a special general meeting as provided by sub-section (2) of section 30 of the Act. The Joint-Registrar accordingly authorised Shri O. P. Sharma, Inspector Co-operative Societies (H. Q.), Housing Section, to call a special general meeting of the Society for holding election to the managing committee and fixing the time and date for holding the elections was left to Shri Sharma.

(29) Under sub-section (1) of section 30 of the Act the requisition sent to the Co-operative Society having been issued by the Assistant Registrar pursuant to the orders of the Joint-Registrar, who was exercising all the functions of the Registrar, it has to be regarded as the requisition in writing from the Registrar. The learned counsel for the petitioner referred to the requirements of sub-rule (4) of rule 51 according to which the time and date of the meeting has to be specified in the requisition and the requisition is to be signed by the Registrar. In the requisition which was actually sent the time and date of the meeting were not mentioned but these requirements of sub-rule (4) of rule 51 being directory and not mandatory the validity of the requisition was in no way affected. Section 30(1) of the Act does not require the requisition to mention the time and place of meeting or that the Registrar must himself sign it. The provisions made in the rule, thereforee, were merely for convenience and their non-compliance as in the present case, to the extent mentioned above, did not make the requisition invalid.

(30) The contention that the notice regarding the special general meeting was not served on the petitioner as required by the Rules is not tenable. The notice to him having been sent by post, under certificate of posting, on March 7, 1974 has to be deemed to have been served on him, as provided by sub-rule (2) of Rule 56 of the Rules, on the expiry of 48 hours after the notice was posted 'by properly addressing, prepaying and posting it'. It has, thereforee, to be regarded to have been served on the petitioner on March 9, 1974 and counted from that date there was not less than seven days notice of the date fixed for the special general meeting.

(31) Thus the special general meeting called for March 17, 1973 was convened at least in substantial compliance with the requirements of section 30 of the Act and the Rules. The contention that the meeting could not be regarded as a special general meeting under section 30 of the Act has, thereforee, to be rejected.

(32) The petitioner's learned counsel yet raised another contention. It was submitted that voting by members of the Society for electing members of the managing committee cannot be part of a general meeting. Obviously the argument is without any force. When election of members of a managing committee of a co-operative society is to be held in a general meeting of the members then voting, if necessary, has to be part of the general meeting itself.

(33) The allegation about mala fides on the part of the election officer. Shri O. P. Sharma, or the Registrar of the Co-operative Societies are without the least basis. The dispute raised by the petitioner regarding the membership of Shri D. S. Ujwal has been referred to arbitration under provisions of section 61 of the Act and till any decision is given it cannot be said that the said person has ceased to be a member. According to the affidavit filed by Shri Ujwal he did not own any house in Delhi and, thereforee, did not cease to be a member of the Society. It was stated by him that a flat No. K-5, Bhim Nagar, was taken by bids son on hire-purchase basis and that his son is not dependent on him and has his own income. Calling a special general meeting for holding election of members of the committee of the Society by complying with the requirements of section 30 of the Act and the Rules, when the petitioner and the other members were pressing for it, possibly cannot be regarded to be with a view to help Shri Ujwal. There is also not material on the record from which it may be said that the Registrar of the Co-operative Societies has failed to discharge his duties under the law.

(34) No case has been made out for quashing the notice dated March 6, 1974 or for giving any directions to the Registrar of the Co-operative Societies either for suspension of the managing committee under section 32 or for calling on annual general meeting for holding elections under section 29. Under section 30 the special general meeting called for holding elections was legal. Of course if as a result of elections which were held on March 17, 1974 any dispute arises in connection with the election of any person the provisions of the Act relating to such a dispute shall apply.

(35) It may also be mentioned that after arguments in the case had been heard at considerable length and the judgment had been reserved the petitioner has applied for amendement of the writ-petition with a view to urge some additional grounds in support of the contention that the impugned notice dated March 6, 1974 was invalid. The main ground sought to be added in that even if the said notification was issued, under section 30(2) of the Act still there was non-compliance with the requirements of rule 58 of the Rules read with Schedule Ii and Schedule Ii thereof. Rule 58 provides as follows :-

'58.Election of Committee.

(1)Notwithstanding anything contained in these rules or the bye-laws and without prejudice to the generality of the powers of the Lt. Governor, in sub-section (1) of section 31, election of members of the committee of a class of society specified below shall be conducted in the manner given in Schedule Ii, namely:-

(A)Federal Society,

(B)Financing Bank,

(C)Consumers Society,

(D)T &C; Urban Co-operative Banks,

(E)Any other Society whose membership exceeds five hundred.

'(2)Notwithstanding anything contained in the bye-laws the election of the members of the committee of a society of any class not falling under classes specified in sub-rule (1) shall be by show of hand in the manner given in schedule Iii unless a poll is demanded in which case it shall be held by secret bellot.'

(36) Schedule Iii referred to in the sub-rule (2) provides the mode of election of members of committee of all societies other than those covered by sub-rule (1) of rule 58. The mode provided by Schedule Iii is to be observed, it appears, when the general meeting is convened by the Society. The Schedule, inter-alia, requires notice of not less than fourteen days to be given to the members, the President or the Vice-President, if they are not candidates seeking election, to preside over the meeting and in case they are seeking election a member who is not a candidate to be elected by the general body for presiding, the nominations of candidates for election to be made at the meeting and for the polling by the show of hands or by ballot.

(37) Even the learned counsel for the petitioner had to concede that sub-rule (1) of rule 58 read with.Schedule Ii had no application in the present case as the Society is not one of the class of societies specified in sub-rule (1). In terms Schedule Iii was not applicable as the special general meeting was convened by the Registrar under section 30(2) of the Act after the managing committee of the Society had failed to call the special general meeting within one month after receipt of requisition in writing from the Registrar. The provisions of sub-rule (2) of rule 58 which require election to be held by the show of hands in the manner given in Schedule Iii do not override the other provisions of the Rules. The provisions of section 30 of the Act and rules 51, 54 and 56 besides the other relevant rules applied to the special general meeting for called March 17, 1974.

(38) Allowing the amendment of the writ-petition at this stage will not serve any useful purpose. The grounds sought to be added will not materially advance the case of the petitioner. The object in applying for amendment of the writ-petition at this stage seems to be to merely delay the decision and obstruct the working of the Society. We thereforee, disallow the said application and further as there is no merit in any of the contentions raised, on behalf of the petitioner the writpetition is as well dismissed with costs. As pending disposal of the writ-petition the result of the election was ordered by us to be with held the stay order is hereby vacated. The counsel fee shall be assessed at Rs. 300.00


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