Chief Justice's Court
Case :- SPECIAL APPEAL No. - 772 of 2018 Appellant :- Sangam Link Apartment Owners Association Respondent :- Ranjana Tripathi And 21 Ors Counsel for Appellant :- Narendra Kumar Chaturvedi,Radha Kant Ojha (Senior Advocate) Counsel for Respondent :- C.S.C.,Siddharth Khare
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr. R.K. Ojha, learned Senior Counsel, assisted by Mr. Narendra Kumar Chaturvedi, learned counsel for the appellants and Mr. Ashok Khare, learned Senior Counsel, assisted by Mr. Kartikey Saran, learned counsel for respondent Nos. 1 to 19.
This special appeal is directed against the order dated 26.07.2018 disposing of the writ petition filed by respondent Nos. 1 to 19. By this order, the Assistant Registrar, Societies, Chits and Fund, Allahabad, is directed to consider all objections before him and pass a reasoned and speaking order in accordance with law within time frame. According to the writ petitioners, they have raised objection to the elections held on 11.12.2017, whereby the governing body of the Residents Welfare Association has been elected. It is not in dispute that the elections were held in pursuance of the order dated 21.08.2017 passed by this Court in Writ-C No. 32910 of 2017. In this backdrop and when we expressed that there is no provision either in the Act or in the Rules to raise objection to the first election of the managing body including under Section 4 of the Societies Registration Act, 1860, Mr. Khare, learned Senior Counsel, appearing for the writ petitioners submits that the writ petitioners may be allowed to file a dispute regarding election of office bearers under Section 25 of the Societies Registration Act, 1860 and directions may be issued to decide the dispute within time frame. In the circumstances, we dispose of this special appeal by the following order:
In view of the submissions made on behalf of the appellants, the order impugned in the present special appeal renders ineffective. If the writ petitioners-respondents raise dispute regarding election of office bearers, as aforementioned, the same may be considered and decided as expeditiously as possible and preferably within a period of two months from the date of receipt of this order.
It is needless to mention that the concerned authority shall entertain the election dispute only if writ petitioners- respondents comply with all requirements under the provisions of Section 25 of the Act. While passing this order, it is made clear that we have not examined merits of the case.
Order Date :- 24.8.2018 VMA (Dilip B Bhosale, CJ) (Yashwant Varma, J)