# Windsor Park Residents Welfare Association v. State of U.P. & Ors

- **Citation:** (2023) 7 ILRA 378
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-07-20
- **Case number:** Writ-C No. 12380 of 2023
- **Bench:** Ajay Bhanot
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/windsor-park-residents-welfare-association-v-state-of-u-p-ors-50317
- **Pages:** 9

## Headnote

A. Constitution of India,1950 - Article 226
- Writ - Locus standi - Matter arising out
of the election dispute of society - How
far a member of society can contest the
case - Held, a member of the society had
the locus standi to make a complaint
before the Deputy Registrar, Chits Firms
and Societies and can legitimately contest
the writ petition. (Para 9)

B.
Local
Bodies
Law
-
Societies
Registration Act, 1860 - Section 25(1) -
Scope - Election dispute - Jurisdiction of
Deputy Registrar - Deputy Registrar
referred
the
matter
to
Prescribed
Authority - Legality challenged - Held, if a
dispute is raised with regard to the
election or continuance in office of an
office-bearer of a society registered in
Uttar Pradesh, the same has to be decided
only by the Prescribed Authority under S.
25 (1) and not by the Registrar, save, of
course, to the decision of the Prescribed
Authority being subject to the result of a
civil suit - All India Council's case relied
upon. (Para 14 and 15)

C. Local Bodies Law - UP Apartment
(Promotion of Construction, Ownership and
Maintenance) Act, 2010 - Model Bye-Laws
- Election of Society - Election of only 1/3
rd of the posts of Board of management was
held - Permissibility - Held, regular
elections on an annual basis to all 10 posts
in the Board of Management make all Board
members constantly accountable to the
residents - It secure the democratic
underpinnings of the society administration
- Failure to hold elections to fill all 10 posts
of the Board of Management vitiates the
elections dated 26.02.2022 . (Para 26 and
34)

Writ petition dismissed. (E-1)

List of Cases cited:

## Text

378 INDIAN LAW REPORTS ALLAHABAD SERIES
having no statutory force and being simply
a
direction
issued
by
the
Chief
Secretary/State Government to be followed
by all the District Magistrates while
conducting enquiry against the Pradhan.

26. This Court finds that the report
dated 14.11.2022 placed by the Block
Development Officer before the District
Magistrate, Chitrakoot can be treated as
proper complaint as per Sub-rule (6) of
Rule 3, hence the District Magistrate,
Chitrakoot ought to have appointed an
Enquiry Officer under Rule 2(c) of the Rule
1997 to conduct a preliminary enquiry.

27. On perusal of the Act and the
Rules, the Court is of the clear view that an
elected representative can be removed only
and strictly in accordance with law and in
this regard the law which provides for
removal of an elected representative has to
be strictly construed. The enquiry report
dated 14.11.2022 can only be treated as a
complaint made by the Block Development
Officer, i.e. public servant. However, the
error in the impugned order is apparent to
the extent that the Inquiry Committee
constituted is not in terms of rule 2-C of the
Rules, 1997 and the order impugned is
based upon the said enquiry report dated
14.11.2022, therefore, the order impugned
is held to be bad in law.

28. In view of the above, the
impugned order dated 23.03.2023 passed
by the respondent no.2 seizing financial
and administrative powers of the petitioner
is hereby quashed. However, the District
Magistrate/Collector, i.e. respondent no.2 is
directed to proceed afresh with the inquiry
by constituting an Inquiry Committee or
appoint an Inquiry Officer in terms of rule
2-C of the Rules, 1997 within 15 days on
receipt of a certified copy of this order,
who shall, thereafter, conduct an enquiry in
the matter with the assistance of other
Revenue officers/authorities as the District
Magistrate may provide and submit the
inquiry report to the District Magistrate
within a period of next four weeks. Based
on such inquiry report, after following
proper procedure, a decision shall be taken
by the District Magistrate under the proviso
to Section 95(1)(g) of the Act, 1947 read
with the Rules, 1997 as to whether the
financial and administrative powers of the
petitioner are required to be seized or not?
Consequences shall follow accordingly, in
accordance with law.

29. With the aforesaid observations
and directions, the writ petition is allowed.

30. Office is directed to give a copy
of this order to learned Chief Standing
Counsel, who shall communicate this order
forthwith to the respondent no.2, i.e.
District
Magistrate,
Chitrakoot
for
compliance.
----------
(2023) 7 ILRA 378
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 20.07.2023

BEFORE

THE HON'BLE AJAY BHANOT, J.

Writ-C No. 12380 of 2023

Windsor
Park
Residents
Welfare
Association ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Sri
Abhijeet
Mukherji,
Ms.
Sushmita
Mukherjee

Counsel for the Respondents:
7 All. Windsor Park Residents Welfare Association Vs. State of U.P. & Ors.
379
C.S.C., Sri Dinesh Kumar Mishra

A. Constitution of India,1950 - Article 226
- Writ - Locus standi - Matter arising out
of the election dispute of society - How
far a member of society can contest the
case - Held, a member of the society had
the locus standi to make a complaint
before the Deputy Registrar, Chits Firms
and Societies and can legitimately contest
the writ petition. (Para 9)

B.
Local
Bodies
Law
-
Societies
Registration Act, 1860 - Section 25(1) -
Scope - Election dispute - Jurisdiction of
Deputy Registrar - Deputy Registrar
referred
the
matter
to
Prescribed
Authority - Legality challenged - Held, if a
dispute is raised with regard to the
election or continuance in office of an
office-bearer of a society registered in
Uttar Pradesh, the same has to be decided
only by the Prescribed Authority under S.
25 (1) and not by the Registrar, save, of
course, to the decision of the Prescribed
Authority being subject to the result of a
civil suit - All India Council's case relied
upon. (Para 14 and 15)

C. Local Bodies Law - UP Apartment
(Promotion of Construction, Ownership and
Maintenance) Act, 2010 - Model Bye-Laws
- Election of Society - Election of only 1/3
rd of the posts of Board of management was
held - Permissibility - Held, regular
elections on an annual basis to all 10 posts
in the Board of Management make all Board
members constantly accountable to the
residents - It secure the democratic
underpinnings of the society administration
- Failure to hold elections to fill all 10 posts
of the Board of Management vitiates the
elections dated 26.02.2022 . (Para 26 and
34)

Writ petition dismissed. (E-1)

List of Cases cited:

1. All India Council & anr. Vs Assistant Registrar,
Firms, Societies and Chits, Varanasi Region,
Varanasi and another; AIR 1988 Alld. 236
2. Gram Shiksha Sudhar Samiti, Junior High
School, Skandra & anr.Vs Registrar, Firms,
Societies and Chits, U.P., Lucknow & ors.; 2010
(7) ADJ 643 (DB)

3. Special Appeal No. 1224 of 2018; The
Management Board, Windsor Park Residents
Welfare Association Vs St. of U.P. & ors. decided
on 11.03.2019

4. Civil Appeal No. 1442 of 2020; The
Management Board, Windsor Park Residents
Welfare Association Vs St. of U.P. & ors. decided
on 11.02.2020

5. Kunhayammed & ors. Vs St. of Kerala & anr.;
(2000) 6 SCC 359

(Delivered by Hon'ble Ajay Bhanot, J.)

1. The judgement is being structured
in the following conceptual framework to
facilitate the discussion:

I
Introduction
II
Submissions of learned counsels
III
Locus Standi
IV
Facts
V
Issues arising for consideration
VI
Legality of Reference to the
Prescribed Authority
VII
Elections under the Apartment
Act
and
Model
Bye-Laws:
Analysis
VIII
The judgment entered by this
Court in Special Appeal No.1224
of 2018 & the Hon'ble Supreme
Court in Civil Appeal No. 1442
of 2020
IX
Conclusions & Directions

I. Introduction

2. By the impugned order dated
29.10.2022 the respondent No.2-Deputy
Registrar, Firms, Societies and Chits,
Meerut referred the election dispute of the
380 INDIAN LAW REPORTS ALLAHABAD SERIES
petitioner-society
to
the
Prescribed
Authority/Sub-Divisional
Magistrate/respondent No.3 under Section
25(1) of the Societies Registration Act,
1860.

3. By the impugned order dated
08.02.2023
the
respondent
No.3-SubDivisional
Magistrate,
Ghaziabad/prescribed authority in exercise
of powers under Section 25(1) of the
Societies Registration Act, while deciding
the
reference
made
by
the
Deputy
Registrar, Firms, Societies and Chits,
Meerut has invalidated the elections to the
Board of Management of the petitionersociety held on 26.06.2022. The said
impugned order further directed the Deputy
Registrar, Firms, Societies and Chits,
Meerut to hold the elections to all 10 posts
of Board of Management of the Windsor
Park Residents Welfare Association.

4. The impugned order dated
14.03.2023 passed by the respondent No.2Deputy Registrar, Firms, Societies and
Chits, Meerut directs the holding of
elections to all 10 posts of Board of
Directors of the Windsor Park Residents
Welfare Association under Section 25(2) of
the Societies Registration Act and the said
order has been passed in compliance of the
order dated 08.02.2023 entered by the SubDivisional Magistrate/prescribed authority.

5. The impugned order dated
08.02.2023 finds that the annual elections
of 26.06.2022 were held only to three posts
instead of all 10 posts of the Board of
Management.

II. Submissions

6. Shri Abhijeet Mukherji, learned
counsel for the petitioner has made the
following
submissions
assailing
the
impugned orders:

(i). Reference to the Prescribed
Authority was unlawful.

(ii). As per the Uttar Pradesh
Apartment (Promotion of Construction,
Ownership & Maintenance) Act, 2010, read
with Model Bye-laws, the elections to only
1/3rd (3 out of 10) of the posts of the Board
of Management have to be held on an
yearly basis.

(iii). 2/3rd of the members of the
Board of Management are not liable to face
annual elections.

(iv). No office bearer has held a
post continuously for more than two years.

v. Respondent No.5 has no locus
standi in the matter.

7. Shri Vinit Garg-respondent No.5 in
person has made the following submissions
in support of the impugned orders and
against the actions of the petitioner:

(i). Respondent No.5 is an owner
of a flat in the Windsor Apartment and is a
member of the society.

(ii). The reference was within the
ambit of Section 25(1) of the Societies
Registration Act, 1860.

(iii).
The
Uttar
Pradesh
Apartment (Promotion of Construction,
Ownership & Maintenance) Act, 2010, read
with Model Bye-Laws mandates that the
elections to all 10 posts of Board of
Management have to be held on annual
basis.

(iv). Elections dated 26.02.2022
are not consistent with the said Act and
Model Bye-Laws.

(v). A number of persons have
continued in the Board of Management
but have evaded elections for past two
years.
7 All. Windsor Park Residents Welfare Association Vs. State of U.P. & Ors.
381

8. Learned Standing Counsel for the
State-respondents
has
defended
the
impugned
orders
by
adopting
the
arguments of the respondent No.5.

III. Locus Standi

9. The respondent No. 5 is a flat
owner in Windsor Manor Park Apartment.
He is a member of the Windsor Manor Park
Residents Welfare Association. He had the
locus standi to make a complaint before the
Deputy
Registrar,
Chits
Firms
and
Societies, Meerut and can legitimately
contest the writ petition.

IV. Facts

10. The facts in this case are confined
to a narrow compass. There exists a society
running under the name and style of
Windsor
Park
Residents
Welfare
Association registered under the Societies
Registration Act, 1860. The Board of
Management which runs the affairs of the
society is an elected body comprised of 10
members.
Composition
of
Board
of
Management of the petitioner-society is:
President, Vice President, Secretary and
Treasurer and six members of the Board of
Management.

11. The elections to various offices of
the Board of Management of the said
society have been held from time to time.
The elections to fill all 10 posts of the
Board of Management were held on
09.07.2020, by the Deputy Registrar,
Firms, Societies and Chits, Meerut and
results were declared on 16.09.2020.
However, in the year 2021 the elections
were held only for three posts vacated by
members who retired that year and not for
all the 10 posts of the Board of
Management. The election results were
declared on 26.06.2021.

12. The same procedure was repeated
in the year 2022. Annual election of 2022
for the Board of Management was notified
only to fill 3 posts which fell vacant on the
annual retirement of said members of the
Board of Management. The results of the
election of 2022 to the aforesaid 3 posts
were announced on 26.06.2022. The
elections of 2021 & 2022 were held by the
Board of Management.

V. Issues arising for consideration

13.

The
issues
arising
for
consideration are:

I. Whether the reference made by
the Deputy Registrar, Firms, Societies and
Chits, Meerut-respondent No.2 to the
Prescribed
Authority/Sub-Divisional
Magistrate,
Ghaziabad-respondent
No.3
under Section 25(1) of the Societies
Registration Act, 1860 was lawful and
valid?

II. Whether elections to all 10
posts of the Board of Management are
liable to be held on an annual basis as per
the scheme of the Uttar Pradesh Apartment
(Promotion of Construction, Ownership &
Maintenance) Act, 2010, read with Model
Bye-Laws dated 16th November, 2011
framed thereunder?

III. Whether the elections to fill
only 1/3rd of the posts of the Board of
Management on vacancies caused by
annual retirements were in consonance with
the provisions of Uttar Pradesh Apartment
(Promotion of Construction, Ownership &
Maintenance) Act, 2010, read with Model
Bye-Laws dated 16th November, 2011
framed thereunder?
382 INDIAN LAW REPORTS ALLAHABAD SERIES

VI. Legality of the Reference to the
Prescribed Authority

14. The dispute laid before the
Deputy Registrar, Firms, Societies and
Chits, Meerut-respondent No.2 pertained to
elections of the Board of Management of
the society and continuance of the elected
office bearers of the said society. The
legislature created a specific forum and
provided a meticulous procedure for
determination of election disputes in
societies by the Prescribed Authority under
Section 25(1) of the Societies Registration
Act.

15. The statutory mandate is explicit.
Good authorities have settled the law.
Reference to cases in point can be
profitably made to fortify the narrative.
This Court in All India Council and
another v. Assistant Registrar, Firms,
Societies and Chits, Varanasi Region,
Varanasi and another, while interpreting
the scope of Section 25(1) of the Societies
Registration Act, 1860 held:

"7. It will, therefore, be seen that
insofar as disputes or doubts in respect of
the election or continuance in office of the
office-bearers of a society registered in
Uttar
Pradesh
are
concerned,
the
Legislature has created a specific forum
and laid down an exhaustive procedure for
determination of the same under S.25.
There is no other provision, express or
otherwise, providing for determination of
such disputes specifically. It is settled law
that where, as here, the Legislature creates
a specific forum and lays an exhaustive
procedure for determination of a particular
class of disputes in respect of matters
covered by the stature, such disputes can be
determined only in that forum and in the
manner prescribed thereunder and not
otherwise. If, therefore, a dispute is raised
with regard to the election or continuance
in office of an office-bearer of a society
registered in Uttar Pradesh, the same has to
be
decided
only
by
the
Prescribed
Authority under S. 25 (1) and not by the
Registrar, save, of course, to the decision of
the Prescribed Authority being subject to
the result of a civil suit."

[Also
see:
Gram
Shiksha
Sudhar Samiti, Junior High School,
Skandra, District Kanpur Dehat and
another v. Registrar, Firms, Societies
and Chits, U.P., Lucknow and others]

16. The impugned order dated
29.10.2022 discloses that a dispute had
arisen as to the legality elections to the
society & also the continuance of elected
office bearers pursuant to the said elections.

17. The Deputy Registrar, Firms,
Societies and Chits, Meerut by passing the
impugned order dated 29.10.2022 and
referencing the election dispute to the
Prescribed Authority has lawfully exercised
powers vested in it by virtue of Section
25(1) of the Societies Registration Act,
1860 and acted in conformity with the law
laid down by this Court in All India
Council
(supra)
&
Gram
Shiksha
Sudhar Samiti (supra).

VII. Elections under the Apartment
Act and Model Bye-Laws : Analysis

18. Dilemma faced by societies and
nations with the introduction of high-rise
apartments culture was recalled at length
by the former Prime Minister of Singapore
Lee Kuan Yew in his memoirs.

19. The proliferation of high-rise
apartment societies are reflective of current
economic realities and portend future social
7 All. Windsor Park Residents Welfare Association Vs. State of U.P. & Ors.
383
challenges. The legislature was cognizant
of possible disruptive effects of apartment
life and also the complexities in working
such
societies.
The
requirement
of
regulating
affairs
of
such
apartment
societies was the felt need of the time,
causing the legislature to enact the Uttar
Pradesh
Apartment
(Promotion
of
Construction, Ownership and Maintenance)
Act, 2010 (hereinafter referred to as
Apartment Act, 2010) and Model ByeLaws dated 16th November, 2011 notified
by the Government thereunder. The scheme
of elections to the Board of Management of
the said society are governed and regulated
by the Apartment Act, 2010 and the Model
Bye-Laws framed thereunder.

20. The legislature while enacting the
scheme for elections to various posts in the
Board of Management of the society have
addressed the issues relating to the
governance of apartment societies, and
aligned them to the needs of a thriving
community. The constitution of apartment
societies is democratic in conception and
transparent in functioning.

21. The relevant provisions of the
Apartment Act, 2010 & the Model Byelaws dated 16th November, 2011 notified
by
the
Government
thereunder
are
reproduced hereinbelow:

"Section 2(f) of the Apartment
Act, 2010-"Board" means the Board of
Management
of
an
Association
of
Apartment Owners elected by its members
under the bye-laws;

Section 2(h) of the Apartment
Act, 2010-"bye-laws" means the bye-laws
made under this Act;

Clause 4 of the Model ByeLaws. Members of Association-

(1)
All
persons
who
have
purchased
apartments
in
..............
Condominium and executed a deed of
apartment, shall automatically be the
members of the Association and will pay
the entrance fee of one thousand rupees.
Each apartment owner shall receive a copy
of the bye-laws.

(2) Upon the sale, bequest or
transfer of apartment, the purchaser of the
apartment or the grantee or legatee or the
transferee shall automatically become the
member of the Association and shall be
admitted as member on payment of the
entrance fee of one thousand rupees.

Clause 13 of the Model ByeLaws. Annual Meetings -The first meeting
of
the
Association
shall
be
held
on.....(date)......Thereafter
the
annual
meetings of the Association shall be held
on such date as the Association may
decide. At such meetings Board of
Management shall be elected by ballot of
the apartment owners in accordance with
the requirements of bye-law 23. The
owners may also transact such other
business of the association as may properly
come before them.

Clause 18 of the Model ByeLaws. Management of Association- The
affairs of the association shall be governed
by a Board. The Board of Management
shall comprise of neither less than 4, nor
more than 10 persons to be constituted and
elected by the members by simple majority
in the General Body Meeting. The principal
office bearer of the Association shall be a
President, a Vice-President, a Secretary and
a Treasurer, all of whom shall be elected by
and from the Board. The Board may
appoint an Assistant Secretary and an
Assistant Treasurer and such other Office
bearer
as
the
Board
may
consider
necessary.
384 INDIAN LAW REPORTS ALLAHABAD SERIES

Clause 26 of the Model ByeLaws. Election and term of office-

(i) The annual general meeting of
the Association, to beheld in the first
quarter of each financial year, shall elect
neither less than 4, nor more than 10
members including the President, Vice
President, Secretary, and Treasurer from
Members of the Association. Provided that
no member shall be eligible for election if
he has been found guilty of misusing the
post during his previous term. The term of
office of the office-bearers of the Board
shall be one year from the date of assuming
office and they will be eligible for reelection. Provided that a person can not
hold the same post continuously for more
than 2 years.

(emphasis supplied)

(ii) An arrangement shall be
made by the board to ensure that one third
of members of the board retire annually.

(iii) The office bearers shall hold
office until their successors have been
elected and hold their first meeting."

22. The requirement of registration of
an association of apartment owners and the
bye-laws are provided in Section 14 of the
Apartment Act, 2010.

23. The aforesaid statutory scheme
discloses the following distinct features:

(I). The Board of Management is
composed of the 10 elected members. (Ref.
Section 2(f) of the Apartment Act, 2010)

(II) Term of office of the Board
of Management is one year. After expiry of
the term of elected office the entire Board
has to face elections. Elections to all ten
posts in the Board of Management shall be
held on an annual basis.

(III). Arrangements have to be
made by the Board of Management for
retiring 1/3rd of its members on an annual
basis.

(IV). There is a restriction on
continuance of a person on the same post
for more than two years.

(V). The office bearers continue
in office till their successors have been
elected and hold their first meeting. This
prevents a vacuum in the society and
ensures
continuity
in
existence
and
functioning.

24. Two salient aspects are evident in
the
said
statutory
election
scheme.
Regularity in holding elections to fill all 10
posts in the Board of Management on an
yearly basis. Secondly the right to run for
elected office is subject to restrictions.

25. The statutory scheme of the
elections encourages a participative culture
responsive to the needs of all residents, and
eschews any exclusive class catering to
personal ambitions of individual members.

26. Regular elections on an annual
basis to all 10 posts in the Board of
Management make all Board members
constantly accountable to the residents.
Consent of the governed is the basis of
governance of the society, and the Board
draws its legitimacy from elections. Yearly
elections to fill all posts in the Board of
Management
secure
the
democratic
underpinnings
of
the
society
administration,
and
also
alert
the
residents/members to their social obligation
of participating in the community event.

27. The right to run for elections is
restricted and prioritizes community needs
over selfish aspirations by providing for a
cooling period. 1/3rd of Board members
7 All. Windsor Park Residents Welfare Association Vs. State of U.P. & Ors.
385
have to retire annually, and cannot contest
elections in that year. Similarly office
bearers
are
restrained
from
entering
electoral fray after two successive years in
office. Easing out the said members from
the electoral fray every year enlarges voter
choices, embraces diversity of opinions and
churns the composition of the Board by
inducting fresh faces.

28. The election rights are structured
for wide participation in community life,
but also ensure that politics do not
monopolize daily life. Elections conducted
regularly to fill all posts in the Board of
Management and contested restrictively by
those made eligible by statute foster
interconnectness
from
arising
from
cooperative endeavours and avoids fissures
created by professional political processes.

29. The said scheme of elections and
the election rights amalgamates elements
which
are
essential
to
shaping
a
harmonious
environment
in
a
gated
community, and also critical to achieve
efficient
functioning
and
collective
solutions to common problems.

VIII. The judgment entered by this
Court in Special Appeal No.1224 of 2018
& the Hon'ble Supreme Court in Civil
Appeal No. 1442 of 2020

30. The judgement rendered in
Special Appeal No.1224 of 2018 (The
Management
Board,
Windsor
Park
Residents Welfare Association Vs. State of
U.P. and others) on 11.03.2019 does not
come to the aid of the petitioner. The
Hon'ble Supreme Court on 11.02.2020 in
Civil Appeal No. 1442 of 2020 (The
Management
Board,
Windsor
Park
Residents Welfare Association Vs. State of
U.P. and others) while examining the said
judgement (Special Appeal No.1224 of
2018) entered by the learned Division
Bench of this Court took a contrary view
and held as under:

"8. We, therefore consider it
appropriate to set aside order dated
13.03.2018
and
all
consequential
proceedings arising therefrom, passed by
the Deputy Registrar, Firms, Societies and
Chits, Meerut, as affirmed by order dated
13.11.2018 passed by the learned Single
Judge and order dated 11.03.2019 passed
by the Division Bench of the High Court,
and direct that the matter may be
reconsidered
by
the
Registrar
and
appropriate orders for holding election be
passed after hearing both sides. Till the
elections are held,the Registrar shall take
over the Management of the Association in
question either himself or through a duly
authorized representative. The Registrar
may pass an order within a period of six
weeks from the date the parties appear
before him. We further direct that the
elections to the Board of Management shall
be held by the appropriate authority in
accordance with law and the further
elections to the office bearers too shall be
held by the appropriate authority in
accordance with law."

31. The judgement of the learned
Division Bench of this Court in Windsor
(supra) has merged in the judgement of the
Supreme Court. [See: Kunhayammed and
others v. State of Kerala and another]

IX. Conclusions & Directions

32. Admittedly on 26.02.2022 the
elections were held only to fill 1/3rd of the
posts in the Board of Management. 2/3rd
members of the Board of the Management
evaded the annual elections in 2022.
386 INDIAN LAW REPORTS ALLAHABAD SERIES

33. Facts in the record establish that this
ingenious and illegal method of elections has
been in vogue since 2021, and has enabled
some members of the Board of Management
to continue in the Board without contesting
annual elections for two years. Further there
is no certainty when the said members would
face elections. The system of elections
adopted by the petitioner creates an entitled
class which is entrenched in elected office but
avoids
electoral
contest
and
abjures
accountability of elected representatives. The
legislature assiduously sought to curb this
evil with the promulgation of the Apartment
Act, 2010 read with Model Bye-Laws dated
16th November, 2011 notified thereunder.

34. In the wake of the preceding
narrative failure to hold elections to fill all 10
posts of the Board of Management vitiates
the elections dated 26.02.2022. The elections
dated 26.02.2022 being in contravention of
the Apartment Act, 2010, read with Model
Bye-Laws dated 16th November, 2011
notified thereunder were lawfully set aside by
the impugned order dated 08.02.2023, and
accordingly the direction in the impugned
order dated 08.02.2023 to conduct fresh
elections cannot be faulted.

35. The impugned order dated
14.03.2023 was passed by the Deputy
Registrar, Firms, Societies and Chits, Meerutrespondent No.2 in compliance of direction
and the order of the prescribed authority/Sub
Divisional Magistrate,
Ghaziabad dated
08.02.2023 upheld earlier, and in lawful
exercise of powers under Section 25(2) of the
Societies Registration Act to conduct the
elections of the society. The challenge to the
said order also fails.

36. In the interest of justice this Court
commands the respondents to execute the
following directions:

(I) The respondent No.2-Deputy
Registrar, Firms, Societies and Chits, Meerut
shall hold the elections to fill the 10 posts in
the Board of Management of the society. The
election schedule shall be notified within a
period of 15 days from the date of receipt of a
certified copy of this order, and the elections
shall be conducted in the manner discussed in
the earlier part of the judgement.

(II) The District Administration
shall offer full support in the holding of fair
and peaceful elections of the society.

(III) Elections to the 10 posts in the
Board of Management shall be held annually
in future, and in light of this judgement and in
accordance with the Apartment Act, 2010,
read with Model Bye-Laws dated 16th
November, 2011 notified thereunder.

37. The writ petition is liable to be
dismissed and is dismissed subject to above
observations.

38. Registry is directed to send a
copy of this order to the Deputy
Registrar, Firms, Societies and Chits,
Meerut for compliance.
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(2023) 7 ILRA 386
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 12.07.2023

BEFORE

THE HON'BLE KSHITIJ SHAILENDRA, J.

Writ-C No. 19080 of 2023

Commmittee of Management, Darul Ulum
Samadhiya & Anr. ...Petitioners
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioners:
Sri Jitendra Kumar Singh, Sri Abhishek
Bhushan, Sri Anil Bhushan (Sr. Advocate)