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2025 DAILYLAW 124831 (ALL)

SOCIETY SUSHANT GOLF CITY ANSAL A.P.I., R.S. SAMITI THRU. PRESIDENT SHAILENDRA SINGH AND ANR. v. STATE OF U.P. THRU. PRIN. SECY. FINANCE DEPTT., LKO. AND OTHERS

WRIC/1902/2025 · 2025-02-28

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:12056 Court No. - 19 Case :- WRIT - C No. - 1902 of 2025 Petitioner :- Society Sushant Golf City Ansal A.P.I., R.S. Samiti Thru. President Shailendra Singh And Anr. Respondent :- State Of U.P. Thru. Prin. Secy. Finance Deptt., Lko. And Others Counsel for Petitioner :- Sanjay Kumar Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J. 1. Heard learned counsel for petitioners and learned State Counsel for opposite parties no.1 to 4. In view of order being passed, notices to opposite party no.5 stand dispensed with. 2. Petition has been filed challenging order dated 19.11.2024 passed by Deputy Registrar, Lucknow Division Lucknow referring the dispute to prescribed authority in exercise of powers under Section 25 (1) of the Societies Registration Act, 1860. 3. Learned counsel for petitioners submits that elections for the Executive Committee of petitioners' Society being the Society Sushant Golf City Ansal A.P.I. Residents Sanskratik Samiti was conducted on 12.08.2023 within the stipulated time for expiry of the term of earlier Executive Committee in which petitioner no.2 was elected President of the Society and details with regard to same were submitted before Deputy Registrar on 04.10.2024 but instead of approving said elections, no orders were passed and in the meantime, opposite party no.5 also submitted an application on 14.10.2024 indicating another elections having been held in which he claimed to have been elected President of the Society. 4. It is submitted that the Deputy Registrar has erred in referring the dispute under Section 25(1) of the Act ignoring the fact that election in which petitioner was elected President of the Society was conducted well within time prescribed for expiry of term of earlier Committee whereas elections of opposite party no.5 were admittedly held much after the expiry of time prescribed for the earlier Committee. 5. Mr. Pankaj Srivastava, learned State counsel has refuted submissions advanced by learned counsel for petitioners with the submission that the Deputy Registrar was well within his authority and jurisdiction to make a reference under Section 25(1) of the Act in view of the fact that there were rival Committees of Management and the dispute was particularly with regard to election of office bearers of the Executive Committee of the Society. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, particularly the impugned order, it is evident that the petitioner no.2 as well as opposite party no.5 are claiming to have been elected President of two separate Executive Committees of the Society in elections held on different dates. The dispute pertains to the same Society and its Executive Committee. 7. Considering the aspect that whenever a dispute regarding election of Office Bearers of Executive Committees of a Society is raised, the same may be required to be referred for adjudication to the Prescribed Authority under Section 25(1) of the Act, this Court does not find any occasion to interfere with the order impugned. 8. In view of aforesaid, petition therefore being devoid of merit is dismissed at the admission stage itself. Parties to bear their own cost. Order Date :- 28.2.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench