Lotus Apartment Welfare Society, through its Treasurer Sunil Kumar Agrawal v. State of U.P. through Additional Chief Secretary, Finance, Lucknow and 2 Others
WRIC/7818/2025 · 2025-08-14
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158297 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158297 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:47690 Court No. - 6 Case :- WRIT - C No. - 7818 of 2025 Petitioner :- Lotus Apartment Welfare Society, Through Its Treasurer Sunil Kumar Agrawal Respondent :- State Of U.P. Through Additional Chief Secretary, Finance, Lucknow And 2 Others Counsel for Petitioner :- Pramod Kumar Shukla Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Supplementary affidavit filed today in the Court is taken on record.
2. Heard learned counsel for the petitioner.
3. The present petition has been filed by the petitioner claiming himself to be the Treasurer of the Society. The petition has been filed challenging the order dated 09.06.2025 (Annexure No.1), whereby the list of the members of the Society was finalized as well as the order dated 15.07.2025, whereby the directions have been issued for holding the election.
4. The contention of learned counsel for the petitioner is that while finalizing the list, the name of respondent No.3 was included by transcribing Abhishek Singh/Aishwrya Singh. No other illegality was pointed out in the list of members as has been finalized by Annexure No.1.
5. Considering the fact that the Society is a Resident Welfare Society and the eligible members are the persons, who are the flat owners, no illegality can be seen in the Annexure No.1. The directions for election were also justified. The petition at the instance of the petitioner is not even maintainable as in terms of the bye laws. It is only the President who can file the writ petition, whereas the petitioner claims to be the owner by virtue of an authority confers by the President to file the petition.
6. Considering the nature of the order impugned, no good ground for interference is made out.
7. The writ petition lacks merit and is, accordingly, dismissed. Order Date :- 14.8.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench