Allahabad High Court
Mahagun Mascot Apartment Owners ... vs State Of U.P. And 5 Others on 22 February, 2021
Author: Yashwant Varma
Bench: Yashwant Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - C No. - 5764 of 2021 Petitioner :- Mahagun Mascot Apartment Owners Association Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Kunal Ravi Singh,Manjari Singh Counsel for Respondent :- C.S.C. Hon'ble Yashwant Varma,J.
Upon hearing learned counsels for parties, this Court on 18 February 2021 has passed the following order:-
"The submission is that the principal order of the Assistant Registrar dated 17 December 2018 invoking Section 25(2) of the Societies Registration Act, 1860, has already been stayed by a learned Judge of the Court in Writ -C No. 781 of 2019. That interim order is stated to be still in operation. According to Sri G.K. Singh, learned Senior Counsel, despite that order the Nayab Tehsildar acting on the instructions of the District Magistrate and the Additional District Magistrate has proceeded to publish an election programme. Additionally, it is submitted that in any case, elections could have been conducted only by the Assistant Registrar himself in light of the orders passed by the Supreme Court in the case of The Management Board Windsor Park Residents Welfare Association Thr Its Vice President Mr. Viplav Sharma Vs. The State of Uttar Pradesh And Others [Civil Appeal No. 1442 of 2020, decided on 11 February 2020].
Learned Standing Counsel shall obtain instructions.
Include in the supplementary list of fresh cases of 22 February 2021."
Sri Piyush Shukla, learned Additional Chief Standing Counsel on instructions states that under incorrect advise, proceedings appear to have been initiated. In any case, it is submitted that in light of the order passed on Writ C No.781 of 2019 as well as the decision of the Supreme Court in The Management Board Windsor Park Residents Welfare Association Thr Its Vice President Mr. Viplav Sharma Vs. The State of Uttar Pradesh And Others [Civil Appeal No. 1442 of 2020, decided on 11 February 2020], the State respondent nos. 4, 5 and 6 shall take no further steps or action for holding of elections. In view of the aforesaid, it was conceded that the order of 01 February 2021 would not sustain.
Accordingly the writ petition is allowed. The impugned order dated 01 February 2021 is quashed and set aside.
Order Date :- 22.2.2021 Vivek Kr.