Only when it was rejected for his having not paid the nomination fee, has the eighth respondent turned hostile and set up the petitioners to question the acts of the Managing Committee. Eventually, the learned counsel has contended that the petitioners cannot espouse the cause of rest of the persons who have been allegedly denied membership. Drawing my attention to Section 69(2)(c) of the Act and Rule 35A of the Rules, which form according to the learned counsel a complete code, he has submitted that the petitioners, at best, can espouse their cause concerning only their membership, and that must be before a competent forum, at best, as has been prescribed under Section 69 of the Act. Eventually, as regards shifting of the premises, the learned counsel would contend that the petitioners as well as the eighth respondent have all along been aware of the fact that the society in its initial stages carried on its operations in a mini auditorium of another society, namely Pazhavangadikkara Service Co-operative Society.
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According to him, the very Exhibit P6 final voters' list has been vitiated for not containing the full details regarding the members of the Society. Contrasting Exhibit R7(c) with Exhibit R8(a) minutes of the meeting, the learned counsel has further contended that even the Assistant Registrar, who conducted an enquiry on the direction of the Registrar, has placed on record through his counter affidavit that Exhibit R8(a) is not genuine.