Neutral Citation No. - 2025:AHC:93360 Court No. - 7 Case :- WRIT - C No. - 18152 of 2025 Petitioner :- Supertech Ecociti Apartment Owners Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Alok Kumar Dubey,Saumitra Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner. 2. This petition has been filed seeking the following relief: "A. Issue a suitable writ, order and/or direction to declare the order dated 29.01.2025 and 10.02.2025 issued by the Deputy Registrar, Meerut to be illegal and non-est and in the teeth of the UP Apartment Act, 2010. B. Issue a suitable writ, order and/or direction to declare the order dated 10.02.2025 issued by the Deputy Registrar, Meerut to be violative of Principles of Natural Justice and thus illegal. C. Issue a suitable writ, order and/or direction to roll back the order dated 29.01.2025 10.02.2025 issued by the Deputy Registrar, Meerut. D. Issue a suitable writ to declare order dated 29.4.2025 illegal and in the teeth of law laid down in the DesignArch." 3. It is pertinent to mention here that a declaration has been sought in prayer no. (D) to declare the order dated 29.4.2025 as illegal and in the index it is shown to be enclosed as Annexure No. 30 to the writ petition. However, the same is not enclosed. Accordingly, no relief can be granted as far as that prayer is concerned. 4. As far as a declaration has been sought to declare the order dated 29.1.2025 as being non est is concerned, a perusal of the same that appears on page 458 of the writ petition reflects that the President and the Secretary have merely been ordered to produce the relevant documents before the Deputy Registrar. As such, it is not an order but rather a notice given to the petitioner. In view of the aforesaid, challenge to the same cannot be sustained as no rights of the petitioner are effected thereunder. 5. Now coming to the order of 10.2.2025, it has been observed in the order that ever since the date of registration of the society, despite details being asked from the petitioner, no documents pertaining to election of the society have been produced. Accordingly, it was held that since elections have not been held, therefore, the governing body has become time barred and the elections for such governing body can be done under the Societies Registration Act, under Section 25(2), for which the authority vests with the Registrar having jurisdiction. Thereafter, consequent orders have been passed. 6. The sole contention of the learned counsel for the petitioner in this regard is that the petitioner had submitted his reply to the Registrar which appears at page 351 of the writ petition. On page 352, learned counsel has pointed out the bye-laws quoted which is referable to sub-clause (iii) of Clause 26 of the model bye-laws which states that the office bearers shall hold office until their successors have been elected and hold their first meeting. It is submitted that gross illegality has been committed by the Registrar concerned in directing the elections inasmuch as under the model bye-laws framed under the U.P. Apartments (Promotion of Construction, Ownership and Maintenance) Act, 2010, the petitioner is entitled to continue indefinitely. 7. Learned Standing Counsel has opposed the aforesaid petition on the ground that the order has been correctly passed by the Registrar. 8. The contention of the learned counsel for the petitioner does not appear to be correct. Clause 26 of the model bye-laws of the society is quoted in its entirety: "26. Election and term of office- (i) The annual general meeting of the Association, to be held in the first quarter of each financial year, shall elect neither less than 4, nor more than 10 Members including the President, Vice President, Secretary and Treasurer from Members of the Association. Provided that no member shall be eligible for election if he has been found guilty of misusing the post during his previous term. The term of office of the office-bearers of the Board shall be one year from the date of assuming office and they will be eligible for re-election. Provided that a person can not hold the same post continuously for more than 2 years. (ii) An arrangement shall be made by the board to ensure that one third of members of the board retire annually. (iii) The office bearers shall hold office until their successors have been elected and hold their first meeting." 9. Thus, perusal of sub-clause (i) of Clause 26 of the aforesaid model bye-laws states that the annual general meeting of the association is to be held in the first quarter of each financial year. Annexure No. 1 to the writ petition is a copy of the registration certificate issued by the Registrar of Societies in favour of Supertech Ecociti Apartment Owners Association, which is the petitioner in the instant petition. The date of registration of society is 3.1.2022. Thus in terms of the aforesaid sub-clause (i) of Clause 26 of the model bye-laws, the first election of the association was required to be held in the first quarter of the financial year commencing 1.4.2022. Thus, the submission of learned counsel for the petitioner is wholly misconceived. No other submissions have been raised. 10. In view of the aforesaid, there is no merit in this petition and it is, accordingly, dismissed. 11. Registrar (Compliance) is directed to send copies of the instant order to the respondent nos. 5, 6 and 7. Learned Standing Counsel is directed to send copies of this order to the State-respondents for their record. Order Date :- 30.5.2025 A. V. Singh (Jayant Banerji, J.) Digitally signed by :- AJAY VIKRAM SINGH High Court of Judicature at Allahabad