2025:UHC:10188 1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL W r it Pet it ion ( M/ S) No. 1 4 0 2 of 2 0 2 5 Metropolis Resident Welfare Association … Petitioner Versus Registrar, Firms Societies and Chits & Another … Respondents Mr. Aditya Singh, Advocate, for the petitioner. Ms. Mamta Bisht, Deputy AG, for the State/ respondents. Mr. Prabhakar Joshi, Advocate, for the interveners. J U D G M E N T Hon ’ble Man oj Ku m ar Tiw ar i, J. Petitioner has challenged the order dated 13.1.2025, passed by Registrar, Firms, Societies and Chits, Dehradun, which was passed on a reference made by Deputy Registrar under Section 12-D of the Societies Registration Act, 1860. Perusal of the order reveals that as per the byelaws of the Society in question, namely, Metropolis Resident Welfare Association, the maximum number of members of the Association is 100, while there are 1600 persons having stake in the affairs of the Society; as per the provisions of Societies Registration Act, cap on the maximum number of members of the Society cannot be fixed, therefore, the office bearers of the Society were directed to take necessary steps for removing the cap on the number of members by amending the byelaws, and after giving membership to all interested home owners of Metropolis City, to hold elections. 2025:UHC:10188 2 2. 2025:UHC:10188 2 2. Counter affidavit has been filed by Deputy Registrar on behalf of respondents stating that complaints were being received that the Association is not working as per its objectives; it is collecting maintenance charge from 1700 members of Metropolis City and office bearers of the Association are misusing the money collected from home owners; Association is making illegal recovery from the residents of the Metropolis City, which has not been transferred to the builder-Supertech; the complaints were disposed of by order dated 6.4.2023, passed by the Deputy Registrar with a direction to the Association to remove the cap on membership by amending the byelaws and to open membership to all home owners of the Society, who are interested to become member; thereafter again complaints were received that the order of Deputy Registrar, passed on 6.4.2023, is not being complied with by the Association, therefore, the matter was referred to the Registrar by the Deputy Registrar under Section 12-D of the Societies Registration Act, vide letter dated 18.9.2023, for further necessary action; Registrar returned the file to the Deputy Registrar on 26.6.2024 stating that President of the Association has assured in his letter dated 27.10.2023 that in future, all Office Orders will be complied by him, but again the Society dillydallied in complying with the order of the Deputy Registrar and offered lame excuses for 2025:UHC:10188 3 non-compliance. In para 8 of the counter affidavit reference is also made to a letter issued by the SDM, Rudrapur on 18.11.2024 to the Deputy Registrar, whereby SDM directed to take action on the joint report of the Circle Officer and In- charge Inspector, Police Station, Pantnagar, wherein it was mentioned that intervention of SDM would be necessary in order to maintain law and order in Metropolis City. In the counter affidavit, it is further stated that a letter was received from one Sri Piyush Bhatia, a resident of the Society, in which it was stated that there are many criminal cases pending against Vice President of the Association, namely, Vikrant Phutela. 3. From perusal of the counter affidavit, it is revealed that there is unrest amongst residents of Metropolis City against the activities of the Association; residents of the Society are compelled to cough up huge amount as maintenance and other charges, however they have no say in the decision making process. 4. An Intervention Application has been filed by five persons, who own apartments in Metropolis City. Mr. Prabhakar Joshi, learned counsel appearing for the Interveners, submits that as per the Rules/ byelaws of the Society, only the Secretary of the Association is entitled to file suit/ writ petition, while this writ petition is filed by Vikrant Phutela, who is not the Secretary of the Association. Mr. Prabhakar Joshi drew 2025:UHC:10188 4 attention of this Court to the description of the petitioner, as given in the cause title, which reads as under: “Metropolis Resident Welfare Association Through its Vice-President having its office at B-2-1/ 22, Metropolis City, Nainital Hi- Way, Rudrapur, Udham Singh Nagar Through its Secretary Vikrant Phutela S/ o Shri Chandra Mohan Phuteal R/ o Ward-04, Avas Vikas, Kichha, Udham Singh Nagar. ….Petitioner Versus 1-Registrar, Firms Societies and Chits, Opposite R.B.I., I.T. Park, Sahastradhara Road, Dehradun 2-Deputy Registrar, Firms Societies and Chits, Udham Singh Nagar ….Respondents” 5. In para 2 of the writ petition, it is stated that the writ petition is being filed by Vice President Vikrant Phutela, therefore the statement made in cause title that the writ petition is being filed through Secretary of the Association is not correct. 6. Learned Counsel for the interveners submits that Vikrant Phutela, who filed the writ petition on behalf of Association, was removed from the O/ o Vice President vide order dated 20.8.2024, passed by the President of the Association. The said order is enclosed as Annexure-3 to the intervention application, perusal whereof reveals that because of pendency of criminal cases against the Vice President, he was removed from the office and intimation regarding his removal was also sent to the Deputy Registrar. 2025:UHC:10188 5 7. Learned Counsel for the interveners submits that office bearers of the Association are collecting maintenance charge from residents of the Society @₹1.85 per sq. ft. as against the agreed rate of maintenance charge of ₹1.20 per sq. ft and without maintaining the society, they are misappropriating the funds collected from the residents in the name of maintenance charges and electricity charges; there are around 70 elevators in the multistoried building, which are being operated without fitness certificate, thus causing threat to the residents on the daily basis; solid waste treatment plant is not put in place in the society, even though residents are making contributions regularly at rates higher than what was agreed earlier. 8. From perusal of the impugned order, it is revealed that Devendra Shahi (President of the Association) and Sunil Shukla (Secretary of the Association) were given personal hearing by the Registrar and the President had also given his written submission. 9. Registrar, Firms, Societies and Chits is right in holding that as per Societies Registration Act, 1860, cap on maximum number of members of the Society cannot be fixed. In Metropolis City, there are more than 1600 apartments, villas, shops and other properties and all of them are required to pay maintenance charge, electricity charge and various other charges. Thus the direction issued by the Registrar to open 2025:UHC:10188 6 membership to all interested residents of Metropolis City does not seem to be arbitrary or unjust. 10. Right to form association is a fundamental right, therefore residents of Metropolis City cannot be denied this valuable right by imposing cap on maximum number of members of the resident welfare association, especially when all the residents are paying maintenance and other charges to the Association. Since all residents of Metropolis City, who are paying maintenance charges and various other charges to the Association, are equal stakeholders as existing members of the Association, therefore, they cannot be left out of the decision making process by denying membership to them. 11. Thus, this Court do not find any reason to interfere with the order passed by the Registrar on 13.1.2025 and the consequential order issued by the Deputy Registrar on 12.2.2025. For the same reason, the notice issued by Tehsildar, Rudrapur to the members of the Petitioner Association to attend the meeting scheduled on 17.4.2025 for discussing the problems faced by residents of the Society calls for no interference. Accordingly, writ petition fails and is dismissed. Interim order dated 22.5.2025 is vacated. ( Man oj Ku m ar Tiw ar i, J.) 1 7 .1 1 .2 0 2 5 Pr PRABODH KUMAR Digitally signed by PRABODH KUMAR DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=3a082a00a95aff911a9559743af8f21c50602ff6eae4e61af3aeab198d462 503, postalCode=263001, st=UTTARAKHAND, serialNumber=0DC111E8D8CA66E16B940EFDF806ACCC1AB588052DF6FCA58C 67F3C91957BE53, cn=PRABODH KUMAR Date: 2025.11.21 11:22:37 +05'30'