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2025 DAILYLAW 102313 (ALL)

HARISHANKAR SHARMA v. DEPUTY REGISTRAR, FIRMS SOCIETY AND CHITS AND 2 OTHERS

WRIC/34264/2025 · 2025-09-24

Mayur Jain Jt Registrar J Listing

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34264 of 2025 Court No. - 32 HON'BLE CHANDRA DHARI SINGH, J. 1. The instant writ petition has been filed seeking following main prayers:- "i. Issue a writ order or direction in the nature of certiorari quashing the Letter/order dated 18.09.2025 issued by Respondent No. 2 for election schedule of Technocity Apartment Owners Association, Greater Noida, Gautam Budh Nagar to the extent allowing the defaulter member to deposit the arrears to make eligible to vote. (Annexure No. 1 to this writ petition). ii. Issue a writ order or direction in the nature of mandamus directing the Election officer to exclude the persons from voter list who are not members of the Association as per the clause-4 of the bylaws. iii. Issue a writ order or direction in the nature of Mandamus directing Respondent No. 2 not to conduct Election of Technocity Apartment Owners Association, Greater Noida, Gautam Budh Nagar in pursuance of the Letter/order dated 18.09.2025 issued by Respondent No. 2." 2. Learned counsel appearing on behalf of petitioner, after some length of argument, without entering into merits of the case, made an innocuous prayer that his representation dated 11.09.2025, which is pending before respondent nos.1 & 2, may be directed to be decided taking into consideration of bylaws of the Society, within three days from the date of submission of copy of this order, as election is scheduled to be held on 05.10.2025. 3. Per contra, learned Standing Counsel appearing on behalf of State- respondents vehemently opposed the petition on merit, but has not opposed the innocuous prayer made by learned counsel appearing on behalf of the petitioner. 4. Heard learned counsel appearing on behalf of the petitioner, Sri Vaibhav Tripathi, learned Standing Counsel appearing on behalf of the State- respondents and perused the contents made in the writ petition. Versus Counsel for Petitioner(s) : Abhishek Gupta, Chandra Bhan Gupta Counsel for Respondent(s) : C.S.C. Harishankar Sharma .....Petitioner(s) Deputy Registrar, Firms Society And Chits And 2 Others .....Respondent(s) 5. Taking into consideration the submissions made by learned counsel for the respective parties, I am inclined to allow the innocuous prayer made by learned counsel appearing on behalf of the petitioner as no objection made on behalf of learned Standing Counsel for the State-respondents. Respondent no.1/2 is directed to decide the said representation in accordance with law within three days from the date of receiving of ordinary copy of this order, as election is scheduled to be held on 05.10.2025. 6. With the aforesaid directions/observations, the present writ petition is disposed of. September 25, 2025 Atul WRIC No. 34264 of 2025 2 (Chandra Dhari Singh,J.) Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad