Sri Ojha further submitted that whenever a dispute arises in respect of validity of a resolution effecting amendment in the aims and objects as well as bye-laws of a society, the minimum that is required from a Registrar is to apply his mind whether the resolution has been passed and, if passed, whether it is in accordance with the provisions of the Act as well as the bye-laws of the Society. It has been submitted that under Section 4-A of the Societies Registration Act, 1860 (in short the Act, 1860) although a change in Rules of the Society is to be intimated under signature of three members of the governing body of the Society but according to Rule 5 of the U.P. Societies Registration Rules, 1976 (in short Rules, 1976) whenever a document is filed before the Registrar it has to be initialed by all signatories to the document. It has been submitted that the resolutions in question were admittedly signed by only four persons and if it is taken that they, in all, were signatories to the document, then, since only four signatories were there, the quorum for the meeting was not complete, inasmuch as two-third of a twelve members committee would be eight. Hence, according to him, the resolutions were in contravention of the provisions of the bye-laws of the Society. It has been submitted that once an objection was taken by the office bearers as well as members of the Society that no such resolutions were passed, the Assistant Registrar was required to address the objection by ascertaining whether the disputed resolutions were passed in accordance with the provisions of the bye-laws of the Society. It has been submitted that the Assistant Registrar though rejected the objection but has not considered whether the disputed
