JUDGMENT

1. The petitioners are an Association of apartment owners of South City Housing Complex, the President of the Association and residents of the building complex. The petitioners seek quashing of an order passed by the Competent Authority, under the provisions of the West Bengal Apartment Ownership Act, 1972 on 25.1.2023 whereby the Competent Authority directed the petitioners to conduct the election of the Managers of the Association only through manual voting. The petitioners were also directed to complete the process of election of the Managers and form a new Board of Managers within 5.2.2023. The private respondent no. 3 is a resident of South City Apartment Complex on whose complaint the Competent Authority passed the impugned order.

2. The basis of challenge to the impugned order of the Competent Authority is on certain undisputed facts which would appear from the impugned order itself. These are as follows.

3. The tenure of the existing Board of Managers of the Association of the building complex was to end on 31.5.2020. The election of the Managers however could not be held within the statutory time period due to the Covid- 19 pandemic. The President of the Association/